SEC. 2. FINDINGS AND PURPOSES.(a) Findings.-The Congress finds that- (1) some 43,000,000 Americans have one or more physical or mentaldisabilities, and this number is increasing as the population as a whole isgrowing older; (2) historically, society has tended to isolate and segregate individualswith disabilities, and, despite some improvements, such forms of discriminationagainst individuals with disabilities continue to be a serious and pervasivesocial problem; (3) discrimination against individuals with disabilities persists in suchcritical areas as employment, housing, public accommodations, education,transportation, communication, recreation, institutionalization, healthservices, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis ofrace, color, sex, national origin, religion, or age, individuals who haveexperienced discrimination on the basis of disability have often had no legalrecourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms ofdiscrimination, including outright intentional exclusion, the discriminatoryeffects of architectural, transportation, and communication barriers,overprotective rules and policies, failure to make modifications to existingfacilities and practices, exclusionary qualification standards and criteria,segregation, and relegation to lesser services, programs, activities, benefits,jobs, or other opportunities; (6) census data, national polls, and other studies have documented thatpeople with disabilities, as a group, occupy an inferior status in our society,and are severely disadvantaged socially, vocationally, economically, andeducationally; (7) individuals with disabilities are a discrete and insular minority whohave been faced with restrictions and limitations, subjected to a history ofpurposeful unequal treatment, and relegated to a position of politicalpowerlessness in our society, based on characteristics that are beyond thecontrol of such individuals and resulting from stereotypic assumptions nottruly indicative of the individual ability of such individuals to participatein, and contribute to, society; (8) the Nation's proper goals regarding individuals with disabilities areto assure equality of opportunity, full participation, independent living, andeconomic self-sufficiency for such individuals; and (9) the continuing existence of unfair and unnecessary discrimination andprejudice denies people with disabilities the opportunity to compete on anequal basis and to pursue those opportunities for which our free society isjustifiably famous, and costs the United States billions of dollarsin unnecessary expenses resulting from dependency and nonproductivity.(b) Purpose.-It is the purpose of this Act- (1) to provide a clear and comprehensive national mandate for theelimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressingdiscrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role inenforcing the standards established in this Act on behalf of individuals withdisabilities;and (4) to invoke the sweep of congressional authority, including the power toenforce the fourteenth amendment and to regulate commerce, in order to addressthe major areas of discrimination faced day-to-day by people with disabilities.SEC. 3. DEFINITIONS.As used in this Act: (1) Auxiliary aids and services.-The term "auxiliary aids and services"includes- (A) qualified interpreters or other effective methods of makingaurally delivered materials available to individuals with hearingimpairments; (B) qualified readers, taped texts, or other effective methods ofmaking visually delivered materials available to individuals with visualimpairments; (C) acquisition or modification of equipment or devices; and (D)other similar services and actions. (2) Disability.-The term "disability" means, with respect to anindividual- (A) a physical or mental impairment that substantially limits one ormore of the major life activities of such individual (B) a record of such an impairment; or (C) being regarded as having such an impairment. (3) State.-The term "State" means each of the several States, theDistrict of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,the Virgin Islands, the Trust Territory of the Pacific Islands, and theCommonwealth of the Northern Mariana Islands.

TITLE I-EMPLOYMENTSEC. 101. DEFINITIONS.As used in this title: (1) Commission.-The term "Commission" means the Equal EmploymentOpportunity Commission established by section 705 of the Civil Rights Act of1964 (42 U.S.C. 2000e-4). (2) Covered entity.-The term "covered entity" means an employer,employment agency, labor organization, or joint labor-management committee. (3) Direct threat.-The term "direct threat" means a significant risk tothe health or safety of others that cannot be eliminated by reasonableaccommodation. (4) Employee.-The term "employee" means an individual employed by anemployer. (5) Employer.-(A) In general.-The term "employer" means a person engaged in an industryaffecting commerce who has 15 or more employees for each working dayin each of 20 or more calendar weeks in the current or preceding calendar year,and any agent of such person, except that, for two years following theeffective date of this title, an employer means a person engaged in an industryaffecting commerce who has 25 or more employees for each working day in each of20 or more calendar weeks in the current or preceding year, and any agent ofsuch person.(B) Exceptions.-The term "employer" does not include-(i) the United States, a corporation wholly owned by the government of theUnited States, or an Indian tribe; or(ii) a bona fide private membership club (other than a labor organization)that is exempt from taxation under section 501(c) of the Internal Revenue Codeof 1986. (6) Illegal use of drugs.-(A) In general.-The term "illegal use of drugs" means the use of drugs, thepossession or distribution of which is unlawful under the ControlledSubstances Act (21 U.S.C. 812). Such term does not include the use of a drugtaken under supervision by a licensed health care professional, or other usesauthorized by the Controlled Substances Act or other provisions of Federal law.(B) Drugs.-The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act. (7) Person, etc.-The terms "person", "labor organization","employment agency", "commerce", and "industry affecting commerce", shallhave the same meaning given such terms in section 701 of the Civil Rights Actof 1964 (42 U.S.C. 2000e). (8) Qualified individual with a disability.-The term"qualified individual with a disability" means an individual with adisability who, with or without reasonable accommodation, can perform theessential functions of the employment position that such individual holds ordesires. For the purposes of this title, consideration shall be given to theemployer's judgment as to what functions of a job are essential, and if anemployer has prepared a written description before advertising or interviewingapplicants for the job, this description shall be considered evidence of theessential functions of the job. (9) Reasonable accommodation.-The term "reasonable accommodation" mayinclude-(A) making existing facilities used by employees readily accessible to andusable by individuals with disabilities; and(B) job restructuring, part-time or modified work schedules, reassignmentto a vacant position, acquisition or modification of equipment or devices,appropriate adjustment or modifications of examinations, training materials orpolicies, the provision of qualified readers or interpreters, and othersimilar accommodations for individuals with disabilities. (10) Undue hardship.-(A) In general.-The term "undue hardship" means an action requiringsignificant difficulty or expense, when considered in light of the factors setforth in subparagraph (B).(B) Factors to be considered.-In determining whether an accommodationwould impose an undue hardship on a covered entity, factors to be consideredinclude-(i) the nature and cost of the accommodation needed under this Act;(ii) the overall financial resources of the facility or facilities involvedin the provision of the reasonable accommodation; the number of personsemployed at such facility; the effect on expenses and resources, or the impactotherwise of such accommodation upon the operation of the facility;(iii) the overall financial resources of the covered entity; the overallsize of the business of a covered entity with respect to the number of itsemployees; the number, type, and location of its facilities; and 26(iv) thetype of operation or operations of the covered entity, includingthe composition, structure, and functions of the workforce of such entity; thegeographic separateness, administrative, or fiscal relationship of the facilityor facilities in question to the covered entity.SEC. 102. DISCRIMINATION.(a) General Rule.-No covered entity shall discriminate against a qualifiedindividual with a disability because of the disability of suchindividual in regard to job application procedures, the hiring, advancement,or discharge of employees, employee compensation, job training, and otherterms, conditions, and privileges of employment.(b) Construction.-As used in subsection (a), the term "discriminate"includes-(1) limiting, segregating, or classifying a job applicant or employee ina way that adversely affects the opportunities or status of such applicant oremployee because of the disability of such applicant or employee; (2)participating in a contractual or other arrangement or relationshipthat has the effect of subjecting a covered entity's qualified applicant oremployee with a disability to the discrimination prohibited by this title (suchrelationship includes a relationship with an employment or referral agency,labor union, an organization providing fringe benefits to an employee of thecovered entity, or an organization providing training andapprenticeship programs); (3) utilizing standards, criteria, or methods of administration-(A) that have the effect of discrimination on the basis of disability; or(B) that perpetuate the discrimination of others who are subject to commonadministrative control; (4) excluding or otherwise denying equal jobs or benefits to a qualifiedindividual because of the known disability of an individual with whom thequalified individual is known to have a relationship or association; (5)(A) not making reasonable accommodations to the known physical ormental limitations of an otherwise qualified individual with a disability whois an applicant or employee, unless such covered entity can demonstrate thatthe accommodation would impose an undue hardship on the operation of thebusiness of such covered entity; or(B) denying employment opportunities to a job applicant or employee who isan otherwise qualified individual with a disability, if such denial is based onthe need of such covered entity to make reasonable accommodation to thephysical or mental impairments of the employee or applicant; (6) using qualification standards, employment tests or other selectioncriteria that screen out or tend to screen out an individual with a disabilityor a class of individuals with disabilities unless the standard, test or otherselection criteria, as used by the covered entity, is shown to be job-relatedfor the position in question and is consistent with business necessity; and (7) failing to select and administer tests concerning employment in themost effective manner to ensure that, when such test is administered to a jobapplicant or employee who has a disability that impairs sensory, manual, orspeaking skills, such test results accurately reflect the skills, aptitude, orwhatever other factor of such applicant or employee that such test purports tomeasure, rather than reflecting the impaired sensory, manual, or speakingskills of such employee or applicant (except where such skills are the factorsthat the test purports to measure).(c) Medical Examinations and Inquiries.- (1) In general.-The prohibition against discrimination asreferred to in subsection (a) shall include medical examinations and inquiries. (2) Preemployment.-(A) Prohibited examination or inquiry.-Except as provided in paragraph (3), acovered entity shall not conduct a medical examination or makeinquiries of a job applicant as to whether such applicant is an individual witha disability or as to the nature or severity of such disability.(B) Acceptable inquiry.-A covered entity may make preemployment inquiries intothe ability of an applicant to perform job-related functions. (3) Employment entrance examination.-A covered entity may require amedical examination after an offer of employment has been made to a jobapplicant and prior to the commencement of the employment duties of suchapplicant, and may condition an offer of employment on the results of suchexamination, if-(A) all entering employees are subjected to such anexamination regardless of disability;(B) information obtained regarding the medical condition or history of theapplicant is collected and maintained on separate forms and in separate medicalfiles and is treated as a confidential medical record, except that- 26(i)supervisors and managers may be informed regarding necessaryrestrictions on the work or duties of the employee and necessaryaccommodations;(ii) first aid and safety personnel may be informed, when appropriate, ifthe disability might require emergency treatment; and(iii) government officials investigating compliance with this Act shall beprovided relevant information on request; and(C) the results of such examination are used only in accordance with thistitle. (4) Examination and inquiry.-(A) Prohibited examinations and inquiries.-A covered entity shall notrequire a medical examination and shall not make inquiries of an employee as towhether such employee is an individual with a disability or as to the nature orseverity of the disability, unless such examination or inquiry is shown to bejob-related and consistent with business necessity.(B) Acceptable examinations and inquiries.-A covered entity may conductvoluntary medical examinations, including voluntary medical histories,which are part of an employee health program available to employees at thatwork site. A covered entity may make inquiries into the ability of an employeeto perform job-related functions.(C) Requirement.-Information obtained under subparagraph (B) regarding themedical condition or history of any employee are subject to therequirements of subparagraphs (B) and (C) of paragraph (3).

SEC. 103. DEFENSES.(a) In General.-It may be a defense to a charge of discrimination under thisAct that an alleged application of qualification standards, tests,or selection criteria that screen out or tend to screen out or otherwise denya job or benefit to an individual with a disability has been shown to bejob-related and consistent with business necessity, and such performance cannotbe accomplished by reasonable accommodation, as required under this title.(b) Qualification Standards.-The term "qualification standards" mayinclude a requirement that an individual shall not pose a direct threat to thehealth or safety of other individuals in the workplace.(c) Religious Entities.- (1) In general.-This title shall not prohibit a religious corporation,association, educational institution, or society from giving preference inemployment to individuals of a particular religion to perform work connectedwith the carrying on by such corporation, association, educational institution,or society of its activities. (2) Religious tenets requirement.-Under this title, a religiousorganization may require that all applicants and employees conformto the religious tenets of such organization.(d) List of Infectious and Communicable Diseases.- (1) In general.-The Secretary of Health and Human Services, not laterthan 6 months after the date of enactment of this Act, shall-(A) review all infectious and communicable diseases which may betransmitted through handling the food supply;(B) publish a list of infectious and communicable diseases which aretransmitted through handling the food supply;(C) publish the methods by which such diseases are transmitted; and(D) widely disseminate such information regarding the list of diseases andtheir modes of transmissability to the general public.Such list shall be updated annually. (2) Applications.-In any case in which an individual has an infectiousor communicable disease that is transmitted to others through the handling offood, that is included on the list developed by the Secretary of Health andHuman Services under paragraph (1), and which cannot be eliminated byreasonable accommodation, a covered entity may refuse to assign or continue toassign such individual to a job involving food handling. (3) Construction.-Nothing in this Act shall be construed to preempt,modify, or amend any State, county, or local law, ordinance, or regulationapplicable to food handling which is designed to protect the public health fromindividuals who pose a significant risk to the health or safety of others,which cannot be eliminated by reasonable accommodation, pursuant to the list ofinfectious or communicable diseases and the modes of transmissability publishedby the Secretary of Health and Human Services.

SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.(a) Qualified Individual With a Disability.-For purposes of this title, theterm "qualified individual with a disability" shall not include anyemployee or applicant who is currently engaging in the illegal use of drugs,when the covered entity acts on the basis of such use.(b) Rules of Construction.-Nothing in subsection (a) shall be construed toexclude as a qualified individual with a disability an individualwho- (1) has successfully completed a supervised drug rehabilitation programand is no longer engaging in the illegal use of drugs, or has otherwise beenrehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilitation program and is nolonger engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engagingin such use; except that it shall not be a violation of this Act for a coveredentity to adopt or administer reasonable policies or procedures, including butnot limited to drug testing, designed to ensure that an individual described inparagraph(1) or (2) is no longer engaging in the illegal use of drugs.(c) Authority of Covered Entity.-A covered entity- (1) may prohibit the illegal use of drugs and the use of alcohol at theworkplace by all employees; (2) may require that employees shall not be under the influence of alcoholor be engaging in the illegal use of drugs at the workplace; (3) may require that employees behave in conformance with the requirementsestablished under the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.); (4) may hold an employee who engages in the illegal use of drugs or who isan alcoholic to the same qualification standards for employment or jobperformance and behavior that such entity holds other employees, even if anyunsatisfactory performance or behavior is related to the drug use oralcoholism of such employee; and (5) may, with respect to Federal regulations regarding alcohol and theillegal use of drugs, require that-(A) employees comply with the standards established in such regulations ofthe Department of Defense, if the employees of the covered entity are employedin an industry subject to such regulations, including complying withregulations (if any) that apply to employment in sensitive positions in such anindustry, in the case of employees of the covered entity who are employed insuch positions (as defined in the regulations of the Department of Defense);(B) employees comply with the standards established in such regulations ofthe Nuclear Regulatory Commission, if the employees of the covered entity areemployed in an industry subject to such regulations, including complying withregulations (if any) that apply to employment in sensitivepositions in such an industry, in the case of employees of the covered entitywho are employed in such positions (as defined in the regulations of theNuclear Regulatory Commission); and(C) employees comply with the standards established in such regulations ofthe Department of Transportation, if the employees of the covered entity areemployed in a transportation industry subject to such regulations, includingcomplying with such regulations (if any) that apply to employment in sensitivepositions in such an industry, in the case of employees of the covered entitywho are employed in such positions (as defined in the regulations of theDepartment of Transportation).(d) Drug Testing.- (1) In general.-For purposes of this title, a test to determine theillegal use of drugs shall not be considered a medical examination. (2) Construction.-Nothing in this title shall be construed to encourage,prohibit, or authorize the conducting of drug testing for the illegal use ofdrugs by job applicants or employees or making employment decisions based onsuch test results.(e) Transportation Employees.-Nothing in this title shall be construed toencourage, prohibit, restrict, or authorize the otherwise lawfulexercise by entities subject to the jurisdiction of the Department ofTransportation of authority to- (1) test employees of such entities in, and applicants for, positionsinvolving safety-sensitive duties for the illegal use of drugs and for on-dutyimpairment by alcohol; and (2) remove such persons who test positive for illegal use of drugs andon-duty impairment by alcohol pursuant to paragraph (1) from safety-sensitiveduties in implementing subsection (c).

SEC. 106. REGULATIONS.Not later than 1 year after the date of enactment of this Act, theCommission shall issue regulations in an accessible format to carry out thistitle in accordance with subchapter II of chapter 5 of title 5, United StatesCode.

SEC. 107. ENFORCEMENT.(a) Powers, Remedies, and Procedures.-The powers, remedies, and procedures setforth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964(42 U.S.C. 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be thepowers, remedies, and procedures this title provides to the Commission, to theAttorney General, or to any person alleging discrimination on the basis ofdisability in violation of any provision of this Act, or regulationspromulgated under section 106, concerning employment.(b) Coordination.-The agencies with enforcement authority for actionswhich allege employment discrimination under this title and under theRehabilitation Act of 1973 shall develop procedures to ensure thatadministrative complaints filed under this title and under the RehabilitationAct of 1973 are dealt with in a manner that avoids duplication of effort andprevents imposition of inconsistent or conflicting standards for the samerequirements under this title and the Rehabilitation Act of 1973. TheCommission, the Attorney General, and the Office of Federal Contract CompliancePrograms shall establish such coordinating mechanisms (similar to provisionscontained in the joint regulations promulgated by the Commission and theAttorney General at part 42 of title 28 and part 1691 of title 29, Code ofFederal Regulations, and the Memorandum of Understanding between the Commissionand the Office of Federal Contract Compliance Programs dated January 16, 1981(46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this titleand Rehabilitation Act of 1973 not later than 18 months after the date ofenactment of this Act.

SEC. 108. EFFECTIVE DATE.This title shall become effective 24 months after the date of enactment.TITLE II-PUBLIC SERVICESSubtitle A-Prohibition Against Discrimination and Other Generally ApplicableProvisions

SEC. 201. DEFINITION.As used in this title: (1) Public entity.-The term "public entity" means-(A) any State or local government;(B) any department, agency, special purpose district, or other instrumentalityof a State or States or local government; and (C) the National RailroadPassenger Corporation, and any commuter authority (as defined in section 103(8)of the Rail Passenger Service Act).(2) Qualified individual with a disability.-The term "qualified individualwith a disability" means an individual with a disability who, with or withoutreasonable modifications to rules, policies, or practices, the removal ofarchitectural, communication, or transportation barriers, or the provision ofauxiliary aids and services, meets the essential eligibility requirements forthe receipt of services or the participation in programs or activitiesprovided by a public entity.

SEC. 202. DISCRIMINATION.Subject to the provisions of this title, no qualified individual with adisability shall, by reason of such disability, be excluded from participationin or be denied the benefits of the services, programs, or activities of apublic entity, or be subjected to discrimination by any such entity.

SEC. 203. ENFORCEMENT.The remedies, procedures, and rights set forth in section 505 of theRehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, procedures,and rights this title provides to any person alleging discrimination on thebasis of disability in violation of section 202.

SEC. 204. REGULATIONS.(a) In General.-Not later than 1 year after the date of enactment ofthis Act, the Attorney General shall promulgate regulations in an accessibleformat that implement this subtitle. Such regulations shall not include anymatter within the scope of the authority of the Secretary of Transportationunder section 223, 229, or 244.(b) Relationship to Other Regulations.-Except for "program accessibility,existing facilities", and "communications", regulations undersubsection (a) shall be consistent with this Act and with the coordinationregulations under part 41 of title 28, Code of Federal Regulations (aspromulgated by the Department of Health, Education, and Welfare on January 13,1978), applicable to recipients of Federal financial assistance under section504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). With respect to"program accessibility, existing facilities", and "communications", suchregulations shall be consistent with regulations and analysis as in part 39 oftitle 28 of the Code of Federal Regulations, applicable to federally conductedactivities under such section 504.(c) Standards.-Regulations under subsection (a) shall include standardsapplicable to facilities and vehicles covered by this subtitle, otherthan facilities, stations, rail passenger cars, and vehicles covered bysubtitle B. Such standards shall be consistent with the minimum guidelines andrequirements issued by the Architectural and Transportation Barriers ComplianceBoard in accordance with section 504(a) of this Act.

SEC. 205. EFFECTIVE DATE.(a) General Rule.-Except as provided in subsection (b), this subtitleshall become effective 18 months after the date of enactment of this Act.(b) Exception.-Section 204 shall become effective on the date of enactment ofthis Act.

Subtitle B-Actions Applicable to Public Transportation Provided by PublicEntities Considered Discriminatory

PART I-PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAILOPERATIONSSEC. 221. DEFINITIONS.As used in this part: (1) Demand responsive system.-The term "demand responsive system"means any system of providing designated public transportation which is not afixed route system. (2) Designated public transportation.-The term "designated publictransportation" means transportation (other than public school transportation)by bus, rail, or any other conveyance (other than transportation by aircraft orintercity or commuter rail transportation (as defined in section 241)) thatprovides the general public with general or special service (including charterservice) on a regular and continuing basis. (3) Fixed route system.-The term "fixed route system" means a system ofproviding designated public transportation on which a vehicle is operated alonga prescribed route according to a fixed schedule. (4) Operates.-The term "operates", as used with respect to a fixedroute system or demand responsive system, includes operation of such system bya person under a contractual or other arrangement or relationship with a publicentity. (5) Public school transportation.-The term "public schooltransportation" means transportation by schoolbus vehicles of schoolchildren,personnel, and equipment to and from a public elementary or secondary schooland school-related activities. (6) Secretary.-The term "Secretary" means the Secretary of Transportation.

SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.(a) Purchase and Lease of New Vehicles.-It shall be considered discriminationfor purposes of section 202 of this Act and section 504 of theRehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operatesa fixed route system to purchase or lease a new bus, a new rapid rail vehicle,a new light rail vehicle, or any other new vehicle to be used on such system,if the solicitation for such purchase or lease is made after the 30th dayfollowing the effective date of this subsection and if such bus, rail vehicle,or other vehicle is not readily accessible to and usable by individuals withdisabilities, including individuals who use wheelchairs.(b) Purchase and Lease of Used Vehicles.-Subject to subsection (c)(1), it shallbe considered discrimination for purposes of section 202 ofthis Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) fora public entity which operates a fixed route system to purchase or lease, afterthe 30th day following the effective date of this subsection, a used vehiclefor use on such system unless such entity makes demonstrated good faith effortsto purchase or lease a used vehicle for use on such system that is readilyaccessible to and usable by individuals with disabilities, includingindividuals who use wheelchairs.(c) Remanufactured Vehicles.- (1) General rule.-Except as provided in paragraph (2), it shall beconsidered discrimination for purposes of section 202 of this Act and section504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity whichoperates a fixed route system-(A) to remanufacture a vehicle for use on such system so as to extend itsusable life for 5 years or more, which remanufacture begins (or for which thesolicitation is made) after the 30th day following the effective date of thissubsection; or(B) to purchase or lease for use on such system a remanufactured vehiclewhich has been remanufactured so as to extend its usable life for 5 years ormore, which purchase or lease occurs after such 30th day and during the periodin which the usable life is extended; unless, after remanufacture, the vehicleis, to the maximum extent feasible, readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs. (2) Exception for historic vehicles.-(A) General rule.-If a public entity operates a fixed route systemany segment of which is included on the National Register of Historic Placesand if making a vehicle of historic character to be used solely on such segmentreadily accessible to and usable by individuals with disabilities wouldsignificantly alter the historic character of such vehicle, the public entityonly has to make (or to purchase or lease a remanufactured vehicle with) thosemodifications which are necessary to meet the requirements of paragraph (1) andwhich do not significantly alter the historic character of such vehicle.(B) Vehicles of historic character defined by regulations.-For purposes of thisparagraph and section 228(b), a vehicle of historic character shall be definedby the regulations issued by the Secretary to carry out this subsection.

SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.(a) General Rule.-It shall be considered discrimination for purposesof section 202 of this Act and section 504 of the Rehabilitation Act of 1973(29 U.S.C. 794) for a public entity which operates a fixed route system (otherthan a system which provides solely commuter bus service) to fail to providewith respect to the operations of its fixed route system, in accordance withthis section, paratransit and other special transportation services toindividuals with disabilities, including individuals who use wheelchairs, thatare sufficient to provide to such individuals a level of service (1) which iscomparable to the level of designated public transportation services providedto individuals without disabilities using such system; or (2) in the case ofresponse time, which is comparable, to the extent practicable, to the level ofdesignated public transportation services provided to individuals withoutdisabilities using such system.(b) Issuance of Regulations.-Not later than 1 year after the effective date ofthis subsection, the Secretary shall issue final regulations to carry out thissection.(c) Required Contents of Regulations.- (1) Eligible recipients of service.-The regulations issued under thissection shall require each public entity which operates a fixed route system toprovide the paratransit and other special transportation services requiredunder this section-(A)(i) to any individual with a disability who is unable, as a result ofa physical or mental impairment (including a vision impairment) and without theassistance of another individual (except an operator of a wheelchair lift orother boarding assistance device), to board, ride, or disembark from anyvehicle on the system which is readily accessible to and usable by individualswith disabilities;(ii) to any individual with a disability who needs the assistance of awheelchair lift or other boarding assistance device (and is able with suchassistance) to board, ride, and disembark from any vehicle which isreadily accessible to and usable by individuals with disabilities if theindividual wants to travel on a route on the system during the hours ofoperation of the system at a time (or within a reasonable period of such time)when such a vehicle is not being used to provide designated publictransportation on the route; and(iii) to any individual with a disability who has a specific impairment-relatedcondition which prevents such individual from traveling to a boarding locationor from a disembarking location on such system;(B) to one other individual accompanying the individual with thedisability; and(C) to other individuals, in addition to the one individual described insubparagraph (B), accompanying the individual with a disability provided thatspace for these additional individuals is available on theparatransit vehicle carrying the individual with a disability and that thetransportation of such additional individuals will not result in a denial ofservice to individuals with disabilities.For purposes of clauses (i) and (ii) of subparagraph (A), boarding ordisembarking from a vehicle does not include travel to the boarding location orfrom the disembarking location. (2) Service area.-The regulations issued under this section shall requirethe provision of paratransit and special transportation services required underthis section in the service area of each public entity which operates a fixedroute system, other than any portion of the service area in which the publicentity solely provides commuter bus service. (3) Service criteria.-Subject to paragraphs (1) and (2), the regulationsissued under this section shall establish minimum service criteria fordetermining the level of services to be required under this section. (4) Undue financial burden limitation.-The regulations issued underthis section shall provide that, if the public entity is able to demonstrate tothe satisfaction of the Secretary that the provision of paratransit and otherspecial transportation services otherwise required under this section wouldimpose an undue financial burden on the public entity, the public entity,notwithstanding any other provision of this section (other than paragraph (5)),shall only be required to provide such services to the extent that providingsuch services would not impose such a burden. (5) Additional services.-The regulations issued under this sectionshall establish circumstances under which the Secretary may require a publicentity to provide, notwithstanding paragraph (4), paratransit and other specialtransportation services under this section beyond the level of paratransit andother special transportation services which would otherwise be required underparagraph (4). (6) Public participation.-The regulations issued under this sectionshall require that each public entity which operates a fixed route system holda public hearing, provide an opportunity for public comment, and consult withindividuals with disabilities in preparing its plan under paragraph (7). (7) Plans.-The regulations issued under this section shall requirethat each public entity which operates a fixed route system-(A) within 18months after the effective date of this subsection, submit to the Secretary,and commence implementation of, a plan for providing paratransit and otherspecial transportation services which meets the requirements of this section;and(B) on an annual basis thereafter, submit to the Secretary, and commenceimplementation of, a plan for providing such services. (8) Provision of services by others.-The regulations issued under thissection shall- (A) require that a public entity submitting a plan to theSecretary under this section identify in the plan any person or other publicentity which is providing a paratransit or other special transportation servicefor individuals with disabilities in the service area to which the planapplies; and (B) provide that the public entity submitting the plan does nothave to provide under the plan such service for individuals with disabilities. (9) Other provisions.-The regulations issued under this section shallinclude such other provisions and requirements as the Secretary determines arenecessary to carry out the objectives of this section.(d) Review of Plan.- (1) General rule.-The Secretary shall review a plan submitted underthis section for the purpose of determining whether or not such plan meets therequirements of this section, including the regulations issued under thissection. (2) Disapproval.-If the Secretary determines that a plan reviewed underthis subsection fails to meet the requirements of this section, theSecretary shall disapprove the plan and notify the public entity whichsubmitted the plan of such disapproval and the reasons therefor. (3) Modification of disapproved plan.-Not later than 90 days afterthe date of disapproval of a plan under this subsection, the public entitywhich submitted the plan shall modify the plan to meet the requirements of thissection and shall submit to the Secretary, and commence implementation of, suchmodified plan.(e) Discrimination Defined.-As used in subsection (a), the term"discrimination" includes- (1) a failure of a public entity to which the regulations issued underthis section apply to submit, or commence implementation of, a plan inaccordance with subsections (c)(6) and (c)(7); (2) a failure of such entity to submit, or commence implementation of, amodified plan in accordance with subsection (d)(3); (3) submission to the Secretary of a modified plan undersubsection (d)(3) which does not meet the requirements of this section; or (4) a failure of such entity to provide paratransit or other specialtransportation services in accordance with the plan or modified plan the publicentity submitted to the Secretary under this section.(f) Statutory Construction.-Nothing in this section shall be construed aspreventing a public entity- (1) from providing paratransit or other special transportation services ata level which is greater than the level of such services which are required bythis section, (2) from providing paratransit or other special transportation services inaddition to those paratransit and special transportation services required bythis section, or (3) from providing such services to individuals in addition to thoseindividuals to whom such services are required to be provided by this section.

SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.If a public entity operates a demand responsive system, it shall beconsidered discrimination, for purposes of section 202 of this Act and section504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity topurchase or lease a new vehicle for use on such system, for which asolicitation is made after the 30th day following the effective date of thissection, that is not readily accessible to and usable by individuals withdisabilities, including individuals who use wheelchairs, unless such system,when viewed in its entirety, provides a level of service to such individualsequivalent to the level of service such system provides to individuals withoutdisabilities.

SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.(a)Granting.-With respect to the purchase of new buses, a public entity mayapply for, and the Secretary may temporarily relieve such publicentity from the obligation under section 222(a) or 224 to purchase new busesthat are readily accessible to and usable by individuals with disabilities ifsuch public entity demonstrates to the satisfaction of theSecretary- (1) that the initial solicitation for new buses made by the public entityspecified that all new buses were to be lift-equipped and were to be otherwiseaccessible to and usable by individuals with disabilities; (2) the unavailability from any qualified manufacturer ofhydraulic, electromechanical, or other lifts for such new buses; (3) that the public entity seeking temporary relief has made good faithefforts to locate a qualified manufacturer to supply the lifts to themanufacturer of such buses in sufficient time to comply with such solicitation;and (4) that any further delay in purchasing new buses necessary to obtainsuch lifts would significantly impair transportation services in the communityserved by the public entity.(b) Duration and Notice to Congress.-Any relief granted under subsection (a)shall be limited in duration by a specified date, and the appropriatecommittees of Congress shall be notified of any such relief granted.(c) Fraudulent Application.-If, at any time, the Secretary has reasonable causeto believe that any relief granted undersubsection (a) was fraudulently applied for, the Secretary shall-(1) cancel such relief if such relief is still in effect; and (2) take suchother action as the Secretary considers appropriate.

SEC. 226. NEW FACILITIES.For purposes of section 202 of this Act and section 504 of the RehabilitationAct of 1973 (29 U.S.C. 794), it shall be considered discrimination for a publicentity to construct a new facility to be used in the provision of designatedpublic transportation services unless such facility is readily accessible toand usable by individuals with disabilities, including individuals who usewheelchairs.

SEC. 227. ALTERATIONS OF EXISTING FACILITIES.(a) General Rule.-With respect to alterations of an existing facilityor part thereof used in the provision of designated public transportationservices that affect or could affect the usability of the facility or partthereof, it shall be considered discrimination, for purposes of section 202 ofthis Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), fora public entity to fail to make such alterations (or to ensure that thealterations are made) in such a manner that, to the maximum extent feasible,the altered portions of the facility are readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs, uponthe completion of such alterations. Where the public entity is undertaking analteration that affects or could affect usability of or access to an area ofthe facility containing a primary function, the entity shall also make thealterations in such a manner that, to the maximum extent feasible, the path oftravel to the altered area and the bathrooms, telephones, and drinkingfountains serving the altered area, are readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs, uponcompletion of such alterations, where such alterations to the path of travel orthe bathrooms, telephones, and drinking fountains serving the altered area arenot disproportionate to the overall alterations in terms of cost and scope (asdetermined under criteria established by the Attorney General). (b) SpecialRule for Stations.- (1) General rule.-For purposes of section 202 of this Act and section504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considereddiscrimination for a public entity that provides designated publictransportation to fail, in accordance with the provisions of this subsection,to make key stations (as determined under criteria established by the Secretaryby regulation) in rapid rail and light rail systems readily accessible to andusable by individuals with disabilities, including individuals who usewheelchairs. (2) Rapid rail and light rail key stations.-(A) Accessibility.-Except as otherwise provided in this paragraph,all key stations (as determined under criteria established by the Secretary byregulation) in rapid rail and light rail systems shall be made readilyaccessible to and usable by individuals with disabilities, includingindividuals who use wheelchairs, as soon as practicable but in no event laterthan the last day of the 3-year period beginning on the effective date of thisparagraph.(B) Extension for extraordinarily expensive structural changes.-TheSecretary may extend the 3-year period under subparagraph (A) up to a 30-yearperiod for key stations in a rapid rail or light rail system which stationsneed extraordinarily expensive structural changes to, or replacement of,existing facilities; except that by the last day of the 20th year following thedate of the enactment of this Act at least 2/3 of such key stations must bereadily accessible to and usable by individuals with disabilities. (3) Plans and milestones.-The Secretary shall require the appropriatepublic entity to develop and submit to the Secretary a plan for compliance withthis subsection-(A) that reflects consultation with individuals with disabilities affectedby such plan and the results of a public hearing and public comments on suchplan, and(B) that establishes milestones for achievement of therequirements of this subsection.

SEC.228.PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTINGFACILITIES AND ONE CAR PER TRAIN RULE.(a) Public Transportation Programs and Activities in Existing Facilities.- (1) In general.-With respect to existing facilities used in the provisionof designated public transportation services, it shall be considereddiscrimination, for purposes of section 202 of this Act and section 504 of theRehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail tooperate a designated public transportation program or activity conducted insuch facilities so that, when viewed in the entirety, the program or activityis readily accessible to and usable by individuals with disabilities. (2) Exception.-Paragraph (1) shall not require a public entity to makestructural changes to existing facilities in order to make such facilitiesaccessible to individuals who use wheelchairs, unless and to the extentrequired by section 227(a) (relating to alterations) or section 227(b)(relating to key stations). (3) Utilization.-Paragraph (1) shall not require a public entity towhich paragraph (2) applies, to provide to individuals who use wheelchairsservices made available to the general public at such facilities when suchindividuals could not utilize or benefit from such services provided at suchfacilities.(b) One Car Per Train Rule.- (1) General rule.-Subject to paragraph (2), with respect to 2 or morevehicles operated as a train by a light or rapid rail system, for purposes ofsection 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29U.S.C. 794), it shall be considered discrimination for a public entity to failto have at least 1 vehicle per train that is accessible to individuals withdisabilities, including individuals who use wheelchairs, as soon as practicablebut in no event later than the last day of the 5-year period beginning on theeffective date of this section. (2) Historic trains.-In order to comply with paragraph (1) with respect tothe remanufacture of a vehicle of historic character which is to be used on asegment of a light or rapid rail system which is included on the NationalRegister of Historic Places, if making such vehicle readily accessibleto and usable by individuals with disabilities would significantly alter thehistoric character of such vehicle, the public entity which operates suchsystem only has to make (or to purchase or lease a remanufactured vehicle with)those modifications which are necessary to meet the requirements of section222(c)(1) and which do not significantly alter the historic character of suchvehicle.

SEC. 229. REGULATIONS.(a) In General.-Not later than 1 year after the date of enactment ofthis Act, the Secretary of Transportation shall issue regulations, in anaccessible format, necessary for carrying out this part (other than section223).(b) Standards.-The regulations issued under this section and section223 shall include standards applicable to facilities and vehicles covered bythis subtitle. The standards shall be consistent with the minimum guidelinesand requirements issued by the Architectural and Transportation BarriersCompliance Board in accordance with section 504 of this Act.

SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS.If final regulations have not been issued pursuant to section 229, for newconstruction or alterations for which a valid and appropriate State or localbuilding permit is obtained prior to the issuance of final regulations undersuch section, and for which the construction or alteration authorized by suchpermit begins within one year of the receipt of such permit and is completedunder the terms of such permit, compliance with the Uniform FederalAccessibility Standards in effect at the time the building permit is issuedshall suffice to satisfy the requirement that facilities be readily accessibleto and usable by persons with disabilities as required under sections 226 and227, except that, if such final regulations have not been issued one year afterthe Architectural and Transportation Barriers Compliance Board has issued thesupplemental minimum guidelines required under section 504(a) of this Act,compliance with such supplemental minimum guidelines shall be necessary tosatisfy the requirement that facilities be readily accessible to and usable bypersons with disabilities prior to issuance of the final regulations.

SEC. 231. EFFECTIVE DATE.(a) General Rule.-Except as provided in subsection (b), this part shall becomeeffective 18 months after the date of enactment of this Act.(b) Exception.-Sections 222, 223 (other than subsection (a)), 224,225, 227(b), 228(b), and 229 shall become effective on the date of enactment ofthis Act.PART II-PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL

SEC. 241. DEFINITIONS.As used in this part: (1) Commuter authority.-The term "commuter authority" has the meaninggiven such term in section 103(8) of the Rail Passenger Service Act (45U.S.C. 502(8)). (2) Commuter rail transportation.-The term "commuter railtransportation" has the meaning given the term "commuterservice" in section 103(9) of the Rail Passenger Service Act (45 U.S.C.502(9)). (3) Intercity rail transportation.-The term "intercity railtransportation" means transportation provided by the National RailroadPassenger Corporation. (4) Rail passenger car.-The term "rail passenger car" means, withrespect to intercity rail transportation, single-level and bi-level coach cars,single-level and bi-level dining cars, single-level and bi-level sleeping cars,single-level and bi-level lounge cars, and food service cars. (5) Responsibleperson.-The term "responsible person" means- (A) in the case of a stationmore than 50 percent of which is owned by a public entity, such public entity;(B) in the case of a station more than 50 percent of which is owned by aprivate party, the persons providing intercity or commuter rail transportationto such station, as allocated on an equitable basis by regulation by theSecretary of Transportation; and (C) in a case where no party owns more than 50percent of a station, the persons providing intercity or commuter railtransportation to such station and the owners of the station, other thanprivate party owners, as allocated on an equitable basis by regulation by theSecretary of Transportation. (6) Station.-The term "station" means theportion of a property located appurtenant to a right-of-way on which intercityor commuter rail transportation is operated, where such portion is used by thegeneral public and is related to the provision of such transportation,including passenger platforms, designated waiting areas, ticketing areas,restrooms, and, where a public entity providing rail transportation owns theproperty, concession areas, to the extent that such public entity exercisescontrol over the selection, design, construction, or alteration of theproperty, but such term does not include flag stops.

SEC. 242.INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY.(a) Intercity Rail Transportation.- (1) One car per train rule.-It shall be considered discrimination forpurposes of section 202 of this Act and section 504 of the Rehabilitation Actof 1973 (29 U.S.C. 794) for a person who provides intercity rail transportationto fail to have at least one passenger car per train that is readily accessibleto and usable by individuals with disabilities, including individuals who usewheelchairs, in accordance with regulations issued under section 244, as soonas practicable, but in no event later than 5 years after the date of enactmentof this Act. (2) New intercity cars.-(A) General rule.-Except as otherwise provided in this subsectionwith respect to individuals who use wheelchairs, it shall be considereddiscrimination for purposes of section 202 of this Act and section 504 of theRehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or leaseany new rail passenger cars for use in intercity rail transportation, and forwhich a solicitation is made later than 30 days after the effective date ofthis section, unless all such rail cars are readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs, asprescribed by the Secretary of Transportation in regulations issued undersection 244.(B) Special rule for single-level passenger coaches for individuals whouse wheelchairs.-Single-level passenger coaches shall be required to-(i) be able to be entered by an individual who uses awheelchair;(ii) have space to park and secure a wheelchair;(iii) have a seat to which a passenger in a wheelchair can transfer, anda space to fold and store such passenger's wheelchair; and(iv) have a restroom usable by an individual who uses a wheelchair,only to the extent provided in paragraph (3).(C) Special rule for single-level dining cars for individuals who usewheelchairs.-Single-level dining cars shall not be required to- 26(i) be ableto be entered from the station platform by an individual who uses a wheelchair;or (ii) have a restroom usable by an individual who uses a wheelchair if norestroom is provided in such car for any passenger.(D) Special rule for bi-level dining cars for individuals who usewheelchairs.-Bi-level dining cars shall not be required to- 26(i) be able tobe entered by an individual who uses a wheelchair;(ii) have space to park and secure a wheelchair;(iii) have a seat to which a passenger in a wheelchair can transfer, or aspace to fold and store such passenger's wheelchair; or(iv) have a restroom usable by an individual who uses a wheelchair. (3) Accessibility of single-level coaches.-(A) General rule.-It shall be considered discrimination for purposesof section 202 of this Act and section 504 of the Rehabilitation Act of 1973(29 U.S.C. 794) for a person who provides intercity rail transportation to failto have on each train which includes one or more single-level rail passengercoaches- (i) a number of spaces- (I) to park and secure wheelchairs (toaccommodate individuals who wish to remain in their wheelchairs) equal to notless than one-half of the number of single-level rail passenger coaches in suchtrain; and (II) to fold and store wheelchairs (to accommodate individuals whowish to transfer to coach seats) equal to not less than one-half of the numberof single-level rail passenger coaches in such train, as soon as practicable,but in no event later than 5 years after the date of enactment of this Act; and(ii) a number of spaces- (I) to park and secure wheelchairs (to accommodateindividuals who wish to remain in their wheelchairs) equal to not less than thetotal number of single-level rail passenger coaches in such train; and(II) to fold and store wheelchairs (to accommodate individuals who wishto transfer to coach seats) equal to not less than the total number ofsingle-level rail passenger coaches in such train, as soon as practicable, butin no event later than 10 years after the date of enactment of this Act.(B) Location.-Spaces required by subparagraph (A) shall be locatedin single-level rail passenger coaches or food service cars. (C) Limitation.-Ofthe number of spaces required on a train by subparagraph (A), not more than twospaces to park and secure wheelchairs nor more than two spaces to fold andstore wheelchairs shall be located in any one (D) Other accessibilityfeatures.-Single-level rail passenger coaches and food service cars on whichthe spaces required by subparagraph (A) are located shall have a restroomusable by an individual who uses a wheelchair and shall be able to be enteredfrom the station platform by an individual who uses a wheelchair. (4) Food service.-(A) Single-level dining cars.-On any train in which a single-leveldining car is used to provide food service- (i) if such single-level dining carwas purchased after the date of enactment of this Act, table service in suchcar shall be provided to a passenger who uses a wheelchair if-(I) the car adjacent to the end of the dining car through which awheelchair may enter is itself accessible to a wheelchair;(II) such passenger can exit to the platform from the car such passengeroccupies, move down the platform, and enter the adjacent accessible cardescribed in subclause (I) without the necessity of the train being movedwithin the station; and (III) space to park and secure a wheelchair isavailable in the dining car at the time such passenger wishes to eat (if suchpassenger wishes to remain in a wheelchair), or space to store and fold awheelchair is available in the dining car at the time such passenger wishes toeat (if such passenger wishes to transfer to a dining car seat); and(ii) appropriate auxiliary aids and services, including a hard surface onwhich to eat, shall be provided to ensure that other equivalent food service isavailable to individuals with disabilities, including individuals who usewheelchairs, and to passengers traveling with such individuals. Unless notpracticable, a person providing intercity rail transportationshall place an accessible car adjacent to the end of a dining car described inclause (i) through which an individual who uses a wheelchair may enter.for purposes of section 202 of this Act and section 504 of the RehabilitationAct of 1973 (29 U.S.C. 794) for a person who provides commuter railtransportation to fail to have at least one passenger car per train that isreadily accessible to and usable by individuals with disabilities, includingindividuals who use wheelchairs, in accordance with regulations issued undersection 244, as soon as practicable, but in no event later than 5 years afterthe date of enactment of this Act.(2) New commuter rail cars.-(A) General rule.-It shall be considered discrimination for purposesof section 202 of this Act and section 504 of the Rehabilitation Act of 1973(29 U.S.C. 794) for a person to purchase or lease any new railpassenger cars for use in commuter rail transportation, and for which asolicitation is made later than 30 days after the effective date of thissection, unless all such rail cars are readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs, asprescribed by the Secretary of Transportation in regulations issued undersection 244.(B) Accessibility.-For purposes of section 202 of this Act and section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. 794), a requirement that a railpassenger car used in commuter rail transportation be accessible toor readily accessible to and usable by individuals with disabilities, includingindividuals who use wheelchairs, shall not be construed to require-(i) a restroom usable by an individual who uses a wheelchair if no restroomis provided in such car for any passenger; (ii) space to fold and store awheelchair; or (iii) a seat to which a passenger who uses a wheelchair cantransfer.(c) Used Rail Cars.-It shall be considered discrimination for purposes ofsection 202 of this Act and section 504 of the Rehabilitation Actof 1973 (29 U.S.C. 794) for a person to purchase or lease a used rail passengercar for use in intercity or commuter rail transportation, unless such personmakes demonstrated good faith efforts to purchase or lease a used rail car thatis readily accessible to and usable by individuals with disabilities, includingindividuals who use wheelchairs, as prescribed by the Secretary ofTransportation in regulations issued under section 244.(d) Remanufactured Rail Cars.- (1) Remanufacturing.-It shall be considered discrimination for purposes ofsection 202 of this Act and section 504 of the Rehabilitation Actof 1973 (29 U.S.C. 794) for a person to remanufacture a rail passenger car foruse in intercity or commuter rail transportation so as to extend its usablelife for 10 years or more, unless the rail car, to the maximum extent feasible,is made readily accessible to and usable by individuals withdisabilities, including individuals who use wheelchairs, as prescribed by theSecretary of Transportation in regulations issued under section 244. (2) Purchase or lease.-It shall be considered discrimination for purposesofsection 202 of this Act and section 504 of the Rehabilitation Actof 1973 (29 U.S.C. 794) for a person to purchase or lease a remanufactured railpassenger car for use in intercity or commuter rail transportation unless suchcar was remanufactured in accordance with paragraph (1).(e) Stations.- (1) New stations.-It shall be considered discrimination for purposesof section 202 of this Act and section 504 of the Rehabilitation Act of 1973(29 U.S.C. 794) for a person to build a new station for use in intercity orcommuter rail transportation that is not readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs, asprescribed by the Secretary of Transportation in regulations issued undersection 244. individuals with disabilities, including individuals who usewheelchairs, as soon as practicable, but in no event later than 20 years afterthe date of enactment of this Act. (II) Commuter rail.-Key stations in commuterrail transportation systems shall be made readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs, assoon as practicable but in no event later than 3 years after the date ofenactment of this Act, except that the time limit may be extended by theSecretary of Transportation up to 20 years after the date of enactment of thisAct in a case where the raising of the entire passenger platform is the onlymeans available of attaining accessibility or where other extraordinarilyexpensive structural changes are necessary to attain accessibility.(iii) Designation of key stations.-Each commuter authority shalldesignate the key stations in its commuter rail transportation system, inconsultation with individuals with disabilities and organizations representingsuch individuals, taking into consideration such factors as high ridership andwhether such station serves as a transfer or feeder station. Before the finaldesignation of key stations under this clause, a commuter authority shall holda public hearing.(iv) Plans and milestones.-The Secretary of Transportation shallrequire the appropriate person to develop a plan for carrying out this

subparagraph that reflects consultation with individuals with disabilitiesaffected by such plan and that establishes milestones for achievement of therequirements of this subparagraph. (B) Requirement when making alterations.-(i) General rule.-It shall be considered discrimination, for purposesof section 202 of this Act and section 504 of the Rehabilitation Act of1973 (29 U.S.C. 794), with respect to alterations of an existing station orpart thereof in the intercity or commuter rail transportation systems thataffect or could affect the usability of the station or part thereof, for theresponsible person, owner, or person in control of the station to fail to makethe alterations in such a manner that, to the maximum extent feasible, thealtered portions of the station are readily accessible to and usable byindividuals with disabilities, including individuals who use wheelchairs, uponcompletion of such alterations. (ii) Alterations to a primary function area.-Itshall be considered discrimination, for purposes of section 202 of this Actand section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respectto alterations that affect or could affect the usability of or access to anarea of the station containing a primary function, for the responsible person,owner, or person in control of the station to fail to make the alterations insuch a manner that, to the maximum extent feasible, the path of travel to thealtered area, and the bathrooms, telephones, and drinking fountains serving thealtered area, are readily accessible to and usable by individuals withdisabilities, including individuals who use wheelchairs, upon completion ofsuch alterations, where such alterations to the path of travel or thebathrooms, telephones, and drinking fountains serving the altered area are notdisproportionate to the overall alterations in terms of cost and scope (asdetermined under criteria established by the Attorney General).(C) Required cooperation.-It shall be considered discrimination forpurposes of section 202 of this Act and section 504 of the Rehabilitation Actof 1973 (29 U.S.C. 794) for an owner, or person in control, of a stationgoverned by subparagraph (A) or (B) to fail to provide reasonable cooperationto a responsible person with respect to such station in that responsibleperson's efforts to comply with such subparagraph. An owner, or person incontrol, of a station shall be liable to a responsible person for any failureto provide reasonable cooperation as required by this subparagraph. Failure toreceive reasonable cooperation required by this subparagraph shall not be adefense to a claim of discrimination under this Act.

SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.Accessibility standards included in regulations issued under this partshall be consistent with the minimum guidelines issued by the Architectural andTransportation Barriers Compliance Board under section 504(a) of this Act.

SEC. 244. REGULATIONS.Not later than 1 year after the date of enactment of this Act, the Secretary ofTransportation shall issue regulations, in an accessible format, necessary forcarrying out this part.

SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS.(a) Stations.-If final regulations have not been issued pursuant tosection 244, for new construction or alterations for which a valid andappropriate State or local building permit is obtained prior to the issuance offinal regulations under such section, and for which the construction oralteration authorized by such permit begins within one year of the receipt ofsuch permit and is completed under the terms of such permit, compliance withthe Uniform Federal Accessibility Standards in effect at the time the buildingpermit is issued shall suffice to satisfy the requirement that stations bereadily accessible to and usable by persons with disabilities as required undersection 242(e), except that, if such final regulations have not been issued oneyear after the Architectural and Transportation Barriers Compliance Board hasissued the supplemental minimum guidelines required under section 504(a) ofthis Act, compliance with such supplemental minimum guidelines shall benecessary to satisfy the requirement that stations be readily accessible to andusable by persons with disabilities prior to issuance of the final regulations.(b) Rail Passenger Cars.-If final regulations have not been issued pursuant tosection 244, a person shall be considered to have complied with therequirements of section 242 (a) through (d) that a rail passenger car bereadily accessible to and usable by individuals with disabilities, if thedesign for such car complies with the laws and regulations (including theMinimum Guidelines and Requirements for Accessible Design and suchsupplemental minimum guidelines as are issued under section 504(a) of this Act)governing accessibility of such cars, to the extent that such laws andregulations are not inconsistent with this part and are in effect at the timesuch design is substantially completed.

SEC. 246. EFFECTIVE DATE.(a) General Rule.-Except as provided in subsection (b), this part shall becomeeffective 18 months after the date of enactment of this Act.(b) Exception.-Sections 242 and 244 shall become effective on the date ofenactment of this Act.

TITLE III-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

SEC. 301. DEFINITIONS.As used in this title: (1) Commerce.-The term "commerce" means travel, trade, traffic,commerce, transportation, or communication- (A) among the several States;(B) between any foreign country or any territory or possession and anyState; or (C) between points in the same State but through another State orforeign country. (2) Commercial facilities.-The term "commercial facilities" meansfacilities- (A) that are intended for nonresidential use; and(B) whose operations will affect commerce. Such term shall not include railroadlocomotives, railroad freight cars, railroad cabooses, railroad cars describedin section 242 or covered under this title, railroad rights-of-way, orfacilities that are covered or expressly exempted from coverage under the FairHousing Act of 1968 (42 U.S.C. 3601 et seq.). (3) Demand responsive system.-The term "demand responsive system"means any system of providing transportation of individuals by a vehicle, otherthan a system which is a fixed route system. (4) Fixed route system.-The term "fixed route system" means a system ofproviding transportation of individuals (other than by aircraft) onwhich a vehicle is operated along a prescribed route according to a fixedschedule. (5) Over-the-road bus.-The term "over-the-road bus" means a buscharacterized by an elevated passenger deck located over a baggage compartment. (6) Private entity.-The term "private entity" means any entity otherthan a public entity (as defined in section 201(1)). (7) Public accommodation.-The following private entities are consideredpublic accommodations for purposes of this title, if the operationsof such entities affect commerce-(A) an inn, hotel, motel, or other place of lodging, except for anestablishment located within a building that contains not more than five roomsfor rent or hire and that is actually occupied by the proprietor of suchestablishment as the residence of such proprietor;(B) a restaurant, bar, or other establishment serving food or drink;(C) a motion picture house, theater, concert hall, stadium, or other placeof exhibition or entertainment;(D) an auditorium, convention center, lecture hall, or other place ofpublic gathering;(E) a bakery, grocery store, clothing store, hardware store, shoppingcenter, or other sales or rental establishment;(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travelservice, shoe repair service, funeral parlor, gas station, office of anaccountant or lawyer, pharmacy, insurance office, professional office of ahealth care provider, hospital, or other service establishment; (G) aterminal, depot, or other station used for specified public transportation;(H) a museum, library, gallery, or other place of public display orcollection;(I) a park, zoo, amusement park, or other place ofrecreation;(J) a nursery, elementary, secondary, undergraduate, or postgraduateprivate school, or other place of education;(K) a day care center, senior citizen center, homeless shelter, food bank,adoption agency, or other social service center establishment; and (L) agymnasium, health spa, bowling alley, golf course, or other place ofexercise or recreation. (8) Rail and railroad.-The terms "rail" and "railroad" have themeaning given the term "railroad" in section 202(e) of the Federal RailroadSafety Act of 1970 (45 U.S.C. 431(e)). (9) Readily achievable.-The term "readily achievable" means easilyaccomplishable and able to be carried out without much difficulty or expense.In determining whether an action is readily achievable, factors to beconsidered include-(A) the nature and cost of the action needed under this Act; (B) the overallfinancial resources of the facility or facilities involved in the action; thenumber of persons employed at such facility; the effect on expenses andresources, or the impact otherwise of such action upon the operation of thefacility; (C) the overall financial resources of the covered entity; theoverall size of the business of a covered entity with respect to the number ofits employees; the number, type, and location of its facilities; and(D) the type of operation or operations of the covered entity, includingthe composition, structure, and functions of the workforce of such entity; thegeographic separateness, administrative or fiscal relationship of the facilityor facilities in question to the covered entity. (10) Specified public transportation.-The term "specified publictransportation" means transportation by bus, rail, or any other conveyance(other than by aircraft) that provides the general public with general orspecial service (including charter service) on a regular and continuing basis. (11) Vehicle.-The term "vehicle" does not include a rail passengercar, railroad locomotive, railroad freight car, railroad caboose, or a railroadcar described in section 242 or covered under this title.

SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS.(a) General Rule.-No individual shall be discriminated against on thebasis of disability in the full and equal enjoyment of the goods, services,facilities, privileges, advantages, or accommodations of any place of publicaccommodation by any person who owns, leases (or leases to), or operates aplace of public accommodation.(b) Construction.-(1) General prohibition.-(A) Activities.- (i) Denial of participation.-It shall be discriminatory tosubject an individual or class of individuals on the basis of a disability ordisabilities of such individual or class, directly, or through contractual,licensing, or other arrangements, to a denial of the opportunity of theindividual or class to participate in or benefit from the goods, services,facilities, privileges, advantages, or accommodations of an entity. 26(ii)Participation in unequal benefit.-It shall be discriminatory to afford anindividual or class of individuals, on the basis of a disability ordisabilities of such individual or class, directly, or through contractual,licensing, or other arrangements with the opportunity to participate in orbenefit from a good, service, facility, privilege, advantage, or accommodationthat is not equal to that afforded to other individuals.(iii) Separate benefit.-It shall be discriminatory to provide anindividual or class of individuals, on the basis of a disability ordisabilities of such individual or class, directly, or through contractual,licensing, or other arrangements with a good, service, facility, privilege,advantage, or accommodation that is different or separate from that provided toother individuals, unless such action is necessary to provide the individual orclass of individuals with a good, service, facility, privilege,advantage, or accommodation, or other opportunity that is as effective as thatprovided to others. (iv) Individual or class of individuals.-For purposes ofclauses (i) through (iii) of this subparagraph, the term "individual or classof individuals" refers to the clients or customers of the covered publicaccommodation that enters into the contractual, licensing or other arrangement.(B) Integrated settings.-Goods, services, facilities, privileges, advantages,and accommodations shall be afforded to an individual with a disability in themost integrated setting appropriate to the needs of the individual.(C) Opportunity to participate.-Notwithstanding the existence of separate ordifferent programs or activities provided in accordance with thissection, an individual with a disability shall not be denied the opportunity toparticipate in such programs or activities that are not separate or different.(D) Administrative methods.-An individual or entity shall not, directly orthrough contractual or other arrangements, utilize standards orcriteria or methods of administration-(i) that have the effect of discriminating on the basis of disability; or(ii) that perpetuate the discrimination of others who are subject to commonadministrative control.(E) Association.-It shall be discriminatory to exclude or otherwisedeny equal goods, services, facilities, privileges, advantages, accommodations,or other opportunities to an individual or entity because of the knowndisability of an individual with whom the individual or entity is known to havea relationship or association. (2) Specific prohibitions.-(A) Discrimination.-For purposes of subsection (a), discrimination includes-(i) the imposition or application of eligibility criteria that screen outor tend to screen out an individual with a disability or any class ofindividuals with disabilities from fully and equally enjoying any goods,services, facilities, privileges, advantages, or accommodations, unless suchcriteria can be shown to be necessary for the provision of the goods, services,facilities, privileges, advantages, or accommodations being offered;(ii) a failure to make reasonable modifications in policies, practices, orprocedures, when such modifications are necessary to afford such goods,services, facilities, privileges, advantages, or accommodations to individualswith disabilities, unless the entity can demonstrate that making suchmodifications would fundamentally alter the nature of such goods, services,facilities, privileges, advantages, or accommodations;(iii) a failure to take such steps as may be necessary to ensure that noindividual with a disability is excluded, denied services, segregated orotherwise treated differently than other individuals because of the absence ofauxiliary aids and services, unless the entity can demonstrate that taking suchsteps would fundamentally alter the nature of the good, service, facility,privilege, advantage, or accommodation being offered or would result in anundue burden;(iv) a failure to remove architectural barriers, and communication barriersthat are structural in nature, in existing facilities, and transportationbarriers in existing vehicles and rail passenger cars used by an establishmentfor transporting individuals (not including barriers that can only be removedthrough the retrofitting of vehicles or rail passenger cars by the installationof a hydraulic or other lift), where such removal is readily achievable; and(v) where an entity can demonstrate that the removal of a barrier underclause (iv) is not readily achievable, a failure to make such goods, services,facilities, privileges, advantages, or accommodations available throughalternative methods if such methods are readily achievable. (B) Fixed routesystem.- (i) Accessibility.-It shall be considered discrimination for aprivate entity which operates a fixed route system and which is not subject tosection 304 to purchase or lease a vehicle with a seating capacity in excess of16 passengers (including the driver) for use on such system, for which asolicitation is made after the 30th day following the effective date of thissubparagraph, that is not readily accessible to and usable by individuals withdisabilities, including individuals who use wheelchairs.(ii) Equivalent service.-If a private entity which operates a fixedroute system and which is not subject to section 304 purchases or leases avehicle with a seating capacity of 16 passengers or less (including the driver)for use on such system after the effective date of this subparagraph that isnot readily accessible to or usable by individuals with disabilities, it shallbe considered discrimination for such entity to fail to operate such system sothat, when viewed in its entirety, such system ensures a level of service toindividuals with disabilities, including individuals who use wheelchairs,equivalent to the level of service provided to individuals withoutdisabilities.(C) Demand responsive system.-For purposes of subsection (a), discriminationincludes-(i) a failure of a private entity which operates a demand responsive systemand which is not subject to section 304 to operate such system so that, whenviewed in its entirety, such system ensures a level of service to individualswith disabilities, including individuals who use wheelchairs, equivalent to thelevel of service provided to individuals without disabilities; and 26(ii)the purchase or lease by such entity for use on such system of a vehicle with aseating capacity in excess of 16 passengers (including the driver), for whichsolicitations are made after the 30th day following the effective date of thissubparagraph, that is not readily accessible to and usable by individuals withdisabilities (including individuals who use wheelchairs) unless such entity candemonstrate that such system, when viewed in its entirety, provides a level ofservice to individuals with disabilities equivalent to that provided toindividuals without disabilities. (D) Over-the- road buses.-(i) Limitation on applicability.-Subparagraphs (B) and (C) do notapply to over-the-road buses. (ii) Accessibility requirements.-For purposes ofsubsection (a), discrimination includes (I) the purchase or lease of anover-the-road bus which does not comply with the regulations issued undersection 306(a)(2) by a private entity which provides transportation ofindividuals and which is not primarily engaged in the business of transportingpeople, and (II) any other failure of such entity to comply with suchregulations. (3) Specific Construction.-Nothing in this title shall require an entityto permit an individual to participate in or benefit from the goods,services, facilities, privileges, advantages and accommodations of such entitywhere such individual poses a direct threat to the health or safety of others.The term "direct threat" means a significant risk to the health or safety ofothers that cannot be eliminated by a modification of policies, practices, orprocedures or by the provision of auxiliary aids or services.SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOMMODATIONS ANDCOMMERCIAL FACILITIES.(a) Application of Term.-Except as provided in subsection (b), as applied topublic accommodations and commercial facilities, discrimination forpurposes of section 302(a) includes- (1) a failure to design and construct facilities for first occupancy laterthan 30 months after the date of enactment of this Act that are readilyaccessible to and usable by individuals with disabilities, except where anentity can demonstrate that it is structurally impracticable to meet therequirements of such subsection in accordance with standards set forth orincorporated by reference in regulations issued under this title; and (2) with respect to a facility or part thereof that is altered by, onbehalf of, or for the use of an establishment in a manner that affects or couldaffect the usability of the facility or part thereof, a failure to makealterations in such a manner that, to the maximum extent feasible, the alteredportions of the facility are readily accessible to and usable by individualswith disabilities, including individuals who use wheelchairs. Where the entityis undertaking an alteration that affects or could affect usability of oraccess to an area of the facility containing a primary function, the entityshall also make the alterations in such a manner that, to the maximum extentfeasible, the path of travel to the altered area and the bathrooms, telephones,and drinking fountains serving the altered area, are readily accessible to andusable by individuals with disabilities where such alterations to the path oftravel or the bathrooms, telephones, and drinking fountains serving the alteredarea are not disproportionate to the overall alterations in terms of cost andscope (as determined under criteria established by the Attorney General). (b)Elevator.-Subsection (a) shall not be construed to require the installation ofan elevator for facilities that are less than three stories or have less than3,000 square feet per story unless the building is a shopping center, ashopping mall, or the professional office of a health care provideror unless the Attorney General determines that a particular category of suchfacilities requires the installation of elevators based on the usage of suchfacilities.SEC.304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC TRANSPORTATIONSERVICES PROVIDED BY PRIVATE ENTITIES.(a) General Rule.-No individual shall be discriminated against on thebasis of disability in the full and equal enjoyment of specified publictransportation services provided by a private entity that is primarily engagedin the business of transporting people and whose operations affect commerce.(b) Construction.-For purposes of subsection (a), discrimination includes- (1) the imposition or application by a entity described in subsection (a)of eligibility criteria that screen out or tend to screen out an individualwith a disability or any class of individuals with disabilities from fullyenjoying the specified public transportation services provided by the entity,unless such criteria can be shown to be necessary for the provision of theservices being offered; (2) the failure of such entity to-(A) make reasonable modifications consistent with those required undersection 302(b)(2)(A)(ii);(B) provide auxiliary aids and services consistent with the requirementsof section 302(b)(2)(A)(iii); and(C) remove barriers consistent with the requirements of section302(b)(2)(A) and with the requirements of section 303(a)(2); (3) the purchaseor lease by such entity of a new vehicle (other than an automobile, a van witha seating capacity of less than 8 passengers, including the driver, or anover-the-road bus) which is to be used to provide specified publictransportation and for which a solicitation is made after the 30th dayfollowing the effective date of this section, that is not readily accessible toand usable by individuals with disabilities, including individuals who usewheelchairs; except that the new vehicle need not be readily accessible to andusable by such individuals if the new vehicle is to be used solely in a demandresponsive system and if the entity can demonstrate that such system, whenviewed in its entirety, provides a level of service to such individualsequivalent to the level of service provided to the general public; (4)(A) thepurchase or lease by such entity of an over-the-road bus which does not complywith the regulations issued under section 306(a)(2); and (B) any other failureof such entity to comply with such regulations; and (5) the purchase or leaseby such entity of a new van with a seating capacity of less than 8 passengers,including the driver, which is to be used to provide specified publictransportation and for which a solicitation is made after the 30th dayfollowing the effective date of this section that is not readily accessible toor usable by individuals with disabilities, including individuals who usewheelchairs; except that the new van need not be readily accessible to andusable by such individuals if the entity can demonstrate that the system forwhich the van is being purchased or leased, when viewed in its entirety,provides a level of service to such individuals equivalent to thelevel of service provided to the general public; (6) the purchase or lease bysuch entity of a new rail passenger car that is to be used to provide specifiedpublic transportation, and for which a solicitation is made later than 30 daysafter the effective date of this paragraph, that is not readily accessible toand usable by individuals with disabilities, including individuals who usewheelchairs; and (7) the remanufacture by such entity of a rail passenger carthat is to be used to provide specified public transportation so as to extendits usable life for 10 years or more, or the purchase or lease by such entityof such a rail car, unless the rail car, to the maximum extent feasible, ismade readily accessible to and usable by individuals with disabilities,including individuals who use wheelchairs.(c) Historical or Antiquated Cars.- (1) Exception.-To the extent that compliance with subsection (b)(2)(C) or(b)(7) would significantly alter the historic or antiquated character of ahistorical or antiquated rail passenger car, or a rail station servedexclusively by such cars, or would result in violation of any rule,regulation, standard, or order issued by the Secretary of Transportation underthe Federal Railroad Safety Act of 1970, such compliance shall not be required.(2) Definition.-As used in this subsection, the term "historical orantiquated rail passenger car" means a rail passenger car- (A) which is notless than 30 years old at the time of its use for transporting individuals;(B) the manufacturer of which is no longer in the business of manufacturingrail passenger cars; and (C) which- (i) has a consequential association withevents or persons significant to the past; or (ii) embodies, or is beingrestored to embody, the distinctive characteristics of a type of rail passengercar used in the past, or to represent a time period which has passed.

SEC. 305. STUDY.study to determine- (1) the access needs of individuals with disabilities to over-the-roadbuses and over-the-road bus service; and (2) the most cost-effective methods for providing access to over-the-roadbuses and over-the-road bus service to individuals with disabilities,particularly individuals who use wheelchairs, through all forms of boardingoptions.(b) Contents.-The study shall include, at a minimum, an analysis ofthe following: (1) The anticipated demand by individuals with disabilities for accessibleover-the-road buses and over-the-road bus service. (2) The degree to which such buses and service, including any servicerequired under sections 304(b)(4) and 306(a)(2), are readily accessible to andusable by individuals with disabilities. (3) The effectiveness of various methods of providing accessibility tosuch buses and service to individuals with disabilities. (4) The cost of providing accessible over-the-road buses and bus serviceto individuals with disabilities, including consideration of recenttechnological and cost saving developments in equipment and devices. (5) Possible design changes in over-the-road buses that could enhanceaccessibility, including the installation of accessible restrooms which do notresult in a loss of seating capacity. (6) The impact of accessibility requirements on the continuation ofover-the-road bus service, with particular consideration of the impact of suchrequirements on such service to rural communities.(c) Advisory Committee.-In conducting the study required by subsection (a), theOffice of Technology Assessment shall establish an advisory committee, whichshall consist of-(1) members selected from among private operators and manufacturers ofover-the-road buses;(2) members selected from among individuals with disabilities, particularlyindividuals who use wheelchairs, who are potential riders of such buses; and(3) members selected for their technical expertise on issues included inthe study, including manufacturers of boarding assistance equipment anddevices.The number of members selected under each of paragraphs (1) and (2) shallbe equal, and the total number of members selected under paragraphs (1) and (2)shall exceed the number of members selected under paragraph (3). (d)Deadline.-The study required by subsection (a), along with recommendations bythe Office of Technology Assessment, including any policy options forlegislative action, shall be submitted to the President and Congresswithin 36 months after the date of the enactment of this Act. If the Presidentdetermines that compliance with the regulations issued pursuant to section306(a)(2)(B) on or before the applicable deadlines specified in section306(a)(2)(B) will result in a significant reduction in intercity over-the-roadbus service, the President shall extend each such deadline by 1 year.(e) Review.-In developing the study required by subsection (a), theOffice of Technology Assessment shall provide a preliminary draft of such studyto the Architectural and Transportation Barriers Compliance Board establishedunder section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). The Boardshall have an opportunity to comment on such draft study, and any such commentsby the Board made in writing within 120 days after the Board's receipt of thedraft study shall be incorporated as part of the final study required to besubmitted under subsection (d).

SEC. 306. REGULATIONS.(a) Transportation Provisions.- (1) General rule.-Not later than 1 year after the date of the enactment ofthis Act, the Secretary of Transportation shall issue regulations in anaccessible format to carry out sections 302(b)(2) (B) and (C) and to carryout section 304 (other than subsection (b)(4)). (2) Special rules for providing access to over-the-road buses.- (A)Interimrequirements.-(i) Issuance.-Not later than 1 year after the date of the enactmentof this Act, the Secretary of Transportation shall issueregulations in anaccessible format to carry out sections 304(b)(4) and302(b)(2)(D)(ii) thatrequire each private entity which uses an over-the-road bus to providetransportation of individuals to provide accessibility to such bus; except that

such regulations shall not require any structural changes in over-the-roadbusesin order to provide access to individuals who use wheelchairs during theeffective period of such regulations and shall not require the purchase ofboarding assistance devices to provide access to such individuals. 26(ii)Effective period.-The regulations issued pursuant to this subparagraph shall beeffective until the effective date of the regulationsissued under subparagraph (B).(B) Final requirement.-(i) Review of study and interim requirements.-The Secretary shallreview the study submitted under section 305 and the regulations issuedpursuantto subparagraph (A).(ii) Issuance.-Not later than 1 year after the date of the submissionof the study under section 305, the Secretary shall issue in an accessibleformat new regulations to carry out sections 304(b)(4) and302(b)(2)(D)(ii) thatrequire, taking into account the purposes of the study under section 305 andanyrecommendations resulting from such study, each private entity which uses anover-the-road bus to provide transportation to individuals to provideaccessibility to such bus to individuals with disabilities, includingindividuals who use wheelchairs.(iii) Effective period.-Subject to section 305(d), theregulationsissued pursuant to this subparagraph shall take effect-(I) with respect to small providers of transportation (as defined by theSecretary), 7 years after the date of the enactment of this Act; and(II) with respect to other providers of transportation, 6 years after suchdate of enactment.(C) Limitation on requiring installation of accessiblerestrooms.-Theregulations issued pursuant to this paragraph shall not require theinstallationof accessible restrooms in over-the-road buses if such installation wouldresultin a loss of seating capacity.

(3) Standards.-The regulations issued pursuant to this subsection shall includestandards applicable to facilities and vehicles covered bysections 302(b)(2) and 304.(b) Other Provisions.-Not later than 1 year after the date of the enactment ofthis Act, the Attorney General shall issue regulations in anaccessible format to carry out the provisions of this title not referred to insubsection (a) that include standards applicable to facilities and vehiclescovered under section 302.(c) Consistency With ATBCB Guidelines.-Standards included in regulations issuedunder subsections (a) and (b) shall be consistent with theminimum guidelines and requirements issued by the Architectural andTransportation Barriers Compliance Board in accordance with section 504 of thisAct.(d) Interim Accessibility Standards.-(1) Facilities.-If final regulations have not been issuedpursuant to this section, for new construction or alterations for which a validand appropriate State or local building permit is obtained prior to theissuance of final regulations under this section, and for which theconstruction or alteration authorized by such permit begins within one year ofthe receipt of such permit and is completed under the terms of such permit,compliance with the Uniform Federal Accessibility Standards in effect at thetime the building permit is issued shall suffice to satisfy the requirementthat facilities be readily accessible to and usable by persons withdisabilities as required under section 303, except that, if such finalregulations have not been issued one year after the Architectural andTransportation Barriers Compliance Board has issued the supplemental minimumguidelines required under section 504(a) of this Act, compliance with suchsupplemental minimum guidelines shall be necessary to satisfy the requirementthat facilities be readily accessible to and usable by persons withdisabilities prior to issuance of the final regulations.(2) Vehicles and rail passenger cars.-If final regulations have notbeen issued pursuant to this section, a private entity shall be considered tohave complied with the requirements of this title, if any, that a vehicle orrail passenger car be readily accessible to and usable by individuals withdisabilities, if the design for such vehicle or car complies with the laws andregulations (including the Minimum Guidelines and Requirements for AccessibleDesign and such supplemental minimum guidelines as are issued under section504(a) of this Act) governing accessibility of such vehicles or cars, to theextent that such laws and regulations are not inconsistent with this title andare in effect at the time such design is substantially completed.SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANIZATIONS.The provisions of this title shall not apply to private clubs or establishmentsexempted from coverage under title II of the Civil Rights Act of1964 (42 U.S.C. 2000a(e)) or to religious organizations or entitiescontrolled by religious organizations, including places of worship.SEC. 308. ENFORCEMENT.(a) In General.-(1) Availability of remedies and procedures.-The remedies and procedures setforth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a3(a)) are the remedies and procedures this title provides to anyperson who is being subjected to discrimination on the basis of disability inviolation of this title or who has reasonable grounds for believing that suchperson is about to be subjected to discrimination in violation of section 303.Nothing in this section shall require a person with a disability to engage ina futile gesture if such person has actual notice that a person or organizationcovered by this title does not intend to comply with its provisions.(2) Injunctive relief.-In the case of violations of sections 302(b)(2)(A)(iv)and section 303(a), injunctive relief shall include an order to alterfacilities to make such facilities readily accessible to and usable byindividuals with disabilities to the extent required by this title. Whereappropriate, injunctive relief shall also include requiring the provision of anauxiliary aid or service, modification of a policy, or provision ofalternative methods, to the extent required by this title.(b) Enforcement by the Attorney General.-(1) Denial of rights.-(A) Duty to investigate.-(i) In general.-The Attorney General shall investigate alleged violationsof this title, and shall undertake periodic reviews of compliance ofcovered entities under this title.(ii) Attorney general certification.-On the application of a Stateor local government, the Attorney General may, in consultation with theArchitectural and Transportation Barriers Compliance Board, and after priornotice and a public hearing at which persons, including individuals withdisabilities, are provided an opportunity to testify against suchcertification, certify that a State law or local building code or similarordinance that establishes accessibility requirements meets or exceeds theminimum requirements of this Act for the accessibility and usability of coveredfacilities under this title. At any enforcement proceeding under this section,such certification by the Attorney General shall be rebuttable evidence thatsuch State law or localordinance does meet or exceed the minimum requirementsof this Act. (B) Potential violation.-If the Attorney General hasreasonable cause to believe that- (i) any person or group of persons is engagedin a pattern or practice of discrimination under this title; or(ii) any person or group of persons has been discriminated against underthis title and such discrimination raises an issue of general publicimportance, the Attorney General may commence a civil action in anyappropriate United States district court.(2) Authority of court.-In a civil action under paragraph (1)(B), thecourt-(A) may grant any equitable relief that such court considers to beappropriate, including, to the extent required by this title-(i) granting temporary, preliminary, or permanent relief;(ii) providing an auxiliary aid or service, modification of policy, practice,or procedure, or alternative method; and(iii) making facilities readily accessible to and usable by individualswith disabilities;(B) may award such other relief as the court considers to be appropriate,including monetary damages to persons aggrieved when requested by the AttorneyGeneral; and(C) may, to vindicate the public interest, assess a civil penalty againstthe entity in an amount-(i) not exceeding $50,000 for a first violation; and(ii) not exceeding $100,000 for any subsequent violation.(3) Single violation.-For purposes of paragraph (2)(C), in determining whethera first or subsequent violation has occurred, a determination in a singleaction, by judgment or settlement, that the covered entity has engaged in morethan one discriminatory act shall be counted as a single violation.(4) Punitive damages.-For purposes of subsection (b)(2)(B), the term"monetary damages" and "such other relief" does not include punitivedamages.(5) Judicial consideration.-In a civil action under paragraph (1)(B),the court, when considering what amount of civil penalty, if any, isappropriate, shall give consideration to any good faith effort or attempt tocomply with this Act by the entity. In evaluating good faith, the court shallconsider, among other factors it deems relevant, whether the entity could havereasonably anticipated the need for an appropriate type of auxiliary aid neededto accommodate the unique needs of a particular individual with a disability. SEC. 309. EXAMINATIONS AND COURSES.Any person that offers examinations or courses related toapplications, licensing, certification, or credentialing for secondary orpostsecondary education, professional, or trade purposes shall offer suchexaminations or courses in a place and manner accessible to persons withdisabilities or offer alternative accessible arrangements for such individuals.SEC. 310. EFFECTIVE DATE.(a) General Rule.-Except as provided in subsections (b) and (c), thistitle shall become effective 18 months after the date of the enactment of thisAct.(b) Civil Actions.-Except for any civil action brought for a violation ofsection 303, no civil action shall be brought for any act or omissiondescribed in section 302 which occurs-(1) during the first 6 months after the effective date, against businessesthat employ 25 or fewer employees and have gross receipts of $1,000,000 orless; and(2) during the first year after the effective date, against businesses thatemploy 10 or fewer employees and have gross receipts of $500,000 or less.(c) Exception.-Sections 302(a) for purposes of section 302(b)(2) (B)and (C) only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305,and 306 shall take effect on the date of the enactment of this Act.

TITLE IV-TELECOMMUNICATIONSSEC. 401. TELECOMMUNICATIONS RELAY SERVICES FORHEARING IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.(a) Telecommunications.-Title II of the Communications Act of 1934(47 U.S.C. 201 et seq.) is amended by adding at the end thereof the followingnew section:"SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS."(a) Definitions.-As used in this section-"(1) Common carrier or carrier.-The term `common carrier' or `carrier'includes any common carrier engaged in interstate communication bywire or radio as defined in section 3(h) and any common carrier engaged inintrastate communication by wire or radio, notwithstanding sections 2(b) and221(b)."(2) TDD.-The term `TDD' means a Telecommunications Device for theDeaf, which is a machine that employs graphic communication in the transmissionof coded signals through a wire or radio communication system. "(3)Telecommunications relay services.-The term `telecommunicationsrelay services' means telephone transmission services that provide the abilityfor an individual who has a hearing impairment or speech impairment to engagein communication by wire or radio with a hearing individual in a manner that isfunctionally equivalent to the ability of an individual who does not have ahearing impairment or speech impairment to communicate using voicecommunication services by wire or radio. Such term includes services thatenable two-way communication between an individual who uses a TDD or othernonvoice terminal device and an individual who does not use such a device."(b) Availability of Telecommunications Relay Services.-"(1) In general.-In order to carry out the purposes established under section1, to make available to all individuals in the United States a rapid, efficientnationwide communication service, and to increase the utility of the telephonesystem of the Nation, the Commission shall ensure that interstate andintrastate telecommunications relay services are available, to the extentpossible and in the most efficient manner, to hearing-impaired andspeech-impaired individuals in the United States."(2) Use of General Authority and Remedies.-For the purposes of administeringand enforcing the provisions of this section and the regulationsprescribed thereunder, the Commission shall have the same authority, power,and functions with respect to common carriers engaged in intrastatecommunication as the Commission has in administering and enforcingthe provisions of this title with respect to any common carrier engaged ininterstate communication. Any violation of this section by any common carrierengaged in intrastate communication shall be subject to the same remedies,penalties, and procedures as are applicable to a violation of this Act by acommon carrier engaged in interstate communication."(c) Provision of Services.-Each common carrier providing telephonevoice transmission services shall, not later than 3 years after the date ofenactment of this section, provide in compliance with the regulationsprescribed under this section, throughout the area in which itoffers service, telecommunications relay services, individually, throughdesignees, through a competitively selected vendor, or in concert with othercarriers. A common carrier shall be considered to be in compliance with suchregulations-"(1) with respect to intrastate telecommunications relayservices in any State that does not have a certified program under subsection(f) and with respect to interstate telecommunications relay services, if suchcommon carrier (or other entity through which the carrier is providing suchrelay services) is in compliance with the Commission's regulations undersubsection (d); or"(2) with respect to intrastate telecommunications relayservices in any State that has a certified program under subsection (f) forsuch State, if such common carrier (or other entity through which the carrieris providing such relay services) is in compliance with the program certifiedunder subsection (f) for such State."(d) Regulations.-"(1) In general.-The Commission shall, not later than 1 year afterthe date of enactment of this section, prescribe regulations to implement thissection, including regulations that-"(A) establish functional requirements, guidelines, and operationsprocedures for telecommunications relay services;"(B) establish minimum standards that shall be met incarrying out subsection (c);"(C) require that telecommunications relay services operate every day for24 hours per day;"(D) require that users of telecommunications relay services pay rates nogreater than the rates paid for functionally equivalent voice communicationservices with respect to such factors as the duration of the call, the time ofday, and the distance from point of origination to point of termination;"(E) prohibit relay operators from failing to fulfill the obligations ofcommon carriers by refusing calls or limiting the length of calls that usetelecommunications relay services;"(F) prohibit relay operators from disclosing the content of any relayedconversation and from keeping records of the content of any such conversationbeyond the duration of the call; and"(G) prohibit relay operators from intentionally altering a relayedconversation."(2) Technology.-The Commission shall ensure that regulations prescribed toimplement this section encourage, consistent with section 7(a) of this Act, theuse of existing technology and do not discourage or impair the development ofimproved technology."(3) Jurisdictional separation of costs.-"(A) In general.-Consistent with the provisions of section 410 ofthis Act, the Commission shall prescribe regulations governing thejurisdictional separation of costs for the services provided pursuant to thissection."(B) Recovering costs.-Such regulations shall generally provide thatcosts caused by interstate telecommunications relay services shall be recoveredfrom all subscribers for every interstate service and costs caused byintrastate telecommunications relay services shall be recovered from theintrastate jurisdiction. In a State that has a certified program undersubsection (f), a State commission shall permit a common carrier to recover thecosts incurred in providing intrastate telecommunications relay services by amethod consistent with the requirements of this section."(e) Enforcement.-"(1) In general.-Subject to subsections (f) and (g), the Commission shallenforce this section."(2) Complaint.-The Commission shall resolve, by final order, a complaintalleging a violation of this section within 180 days after the datesuch complaint is filed."(f) Certification.-"(1) State documentation.-Any State desiring to establish a Stateprogram under this section shall submit documentation to the Commission thatdescribes the program of such State for implementing intrastatetelecommunications relay services and the procedures and remedies available forenforcing any requirements imposed by the State program."(2) Requirements for certification.-After review of such documentation, theCommission shall certify the State program if the Commission determines that-"(A) the program makes available to hearing-impaired and speech-impairedindividuals, either directly, through designees, through a competitivelyselected vendor, or through regulation of intrastate common carriers,intrastate telecommunications relay services in such State in a manner thatmeets or exceeds the requirements of regulations prescribed by theCommission under subsection (d); and"(B) the program makes available adequate procedures and remedies forenforcing the requirements of the State program."(3) Method of funding.-Except as provided in subsection (d), theCommission shall not refuse to certify a State program based solely on themethod such State will implement for funding intrastate telecommunicationrelay services."(4) Suspension or revocation of certification.-The Commission maysuspend or revoke such certification if, after notice andopportunity for hearing, the Commission determines that such certification isno longer warranted. In a State whose program has been suspended or revoked,the Commission shall take such steps as may be necessary, consistent with thissection, to ensure continuity of telecommunications relay services."(g) Complaint.- "(1) Referral of complaint.-If a complaint to the Commissionalleges a violation of this section with respect to intrastatetelecommunications relay services within a State and certification of theprogram of such State under subsection (f) is in effect, the Commission shallrefer such complaint to such State."(2) Jurisdiction of commission.-After referring a complaint to aState under paragraph (1), the Commission shall exercisejurisdiction over such complaint only if-"(A) final action under such State program has not been taken on suchcomplaint by such State-"(i) within 180 days after the complaint is filed with such State; or"(ii) within a shorter period as prescribed by theregulations of suchState; or"(B) the Commission determines that such State program is no longerqualified for certification under subsection (f).".(b) Conforming Amendments.-The Communications Act of 1934 (47 U.S.C.151 et seq.) is amended-(1) in section 2(b) (47 U.S.C. 152(b)), by striking "section 224" andinserting "sections 224 and 225"; and(2) in section 221(b) (47 U.S.C. 221(b)), by striking "section 301" andinserting "sections 225 and 301". SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.Section 711 of the Communications Act of 1934 is amended to read asfollows:

"SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS."Any television public service announcement that is produced or funded inwhole or in part by any agency or instrumentality of Federal Government shallinclude closed captioning of the verbal content of such announcement. Atelevision broadcast station licensee-"(1) shall not be required to supply closed captioning for any such announcement that fails to include it; and"(2) shall not be liable for broadcasting any such announcement withouttransmitting a closed caption unless the licensee intentionally fails totransmit the closed caption that was included with the announcement."

TITLE V- MISCELLANEOUS PROVISIONSSEC. 501. CONSTRUCTION.(a) In General.-Except as otherwise provided in this Act, nothing inthis Act shall be construed to apply a lesser standard than the standardsapplied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.)or the regulations issued by Federal agencies pursuant to such title.(b) Relationship to Other Laws.-Nothing in this Act shall be construed toinvalidate or limit the remedies, rights, and procedures of anyFederal law or law of any State or political subdivision of any State orjurisdiction that provides greater or equal protection for the rights ofindividuals with disabilities than are afforded by this Act. Nothing in thisAct shall be construed to preclude the prohibition of, or the imposition ofrestrictions on, smoking in places of employment covered by title I, intransportation covered by title II or III, or in places of public accommodationcovered by title III.(c) Insurance.-Titles I through IV of this Act shall not be construedto prohibit or restrict-(1) an insurer, hospital or medical service company, health maintenanceorganization, or any agent, or entity that administers benefit plans, orsimilar organizations from underwriting risks, classifying risks, oradministering such risks that are based on or not inconsistent with State law;or(2) a person or organization covered by this Act fromestablishing, sponsoring, observing or administering the terms of a bona fidebenefit plan that are based on underwriting risks, classifying risks, oradministering such risks that are based on or not inconsistent with State law;or (3) a person or organization covered by this Act from establishing,sponsoring, observing or administering the terms of a bona fide benefit planthat is not subject to State laws that regulate insurance.Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade thepurposes of title I and III.(d) Accommodations and Services.-Nothing in this Act shall be construed torequire an individual with a disability to accept an accommodation,aid, service, opportunity, or benefit which such individual chooses not toaccept.SEC. 502. STATE IMMUNITY.A State shall not be immune under the eleventh amendment to the Constitutionof the United States from an action in Federal or State court ofcompetent jurisdiction for a violation of this Act. In any action against aState for a violation of the requirements of this Act, remedies (includingremedies both at law and in equity) are available for such a violation to thesame extent as such remedies are available for such a violation in an actionagainst any public or private entity other than a State.

SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION.(a) Retaliation.-No person shall discriminate against any individualbecause such individual has opposed any act or practice made unlawful by thisAct or because such individual made a charge, testified, assisted, orparticipated in any manner in an investigation, proceeding, or hearing underthis Act.(b) Interference, Coercion, or Intimidation.-It shall be unlawful tocoerce, intimidate, threaten, or interfere with any individual in the exerciseor enjoyment of, or on account of his or her having exercised or enjoyed, or onaccount of his or her having aided or encouraged any otherindividual in the exercise or enjoyment of, any right granted or protected bythis Act.(c) Remedies and Procedures.-The remedies and procedures available undersections 107, 203, and 308 of this Act shall be available to aggrieved personsfor violations of subsections (a) and (b), with respect to title I, title IIand title III, respectively.

SEC. 504. REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION BARRIERSCOMPLIANCE BOARD.(a) Issuance of Guidelines.-Not later than 9 months after the dateof enactment of this Act, the Architectural and Transportation BarriersCompliance Board shall issue minimum guidelines that shallsupplement the existing Minimum Guidelines and Requirements for AccessibleDesign for purposes of titles II and III of this Act.(b) Contents of Guidelines.-The supplemental guidelines issued undersubsection (a) shall establish additional requirements, consistent with thisAct, to ensure that buildings, facilities, rail passenger cars, and vehiclesare accessible, in terms of architecture and design, transportation, andcommunication, to individuals with disabilities.(c) Qualified Historic Properties.-(1) In general.-The supplemental guidelines issued under subsection (a) shallinclude procedures and requirements for alterations that will threaten ordestroy the historic significance of qualified historic buildings andfacilities as defined in 4.1.7(1)(a) of the Uniform Federal AccessibilityStandards.(2) Sites eligible for listing in national register.-With respect toalterations of buildings or facilities that are eligible for listing in theNational Register of Historic Places under the National Historic PreservationAct (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall,at a minimum, maintain the procedures and requirements established in 4.1.7 (1)and (2) of the Uniform Federal Accessibility Standards.(3) Other sites.-With respect to alterations of buildings or facilitiesdesignated as historic under State or local law, the guidelinesdescribed in paragraph (1) shall establish procedures equivalent to thoseestablished by 4.1.7(1) (b) and (c) of the Uniform Federal AccessibilityStandards, and shall require, at a minimum, compliance with the requirementsestablished in 4.1.7(2) of such standards.SEC. 505. ATTORNEY'S FEES.In any action or administrative proceeding commenced pursuant to this Act,the court or agency, in its discretion, may allow the prevailing party, otherthan the United States, a reasonable attorney's fee, including litigationexpenses, and costs, and the United States shall be liable for the foregoingthe same as a private individual.SEC. 506. TECHNICAL ASSISTANCE.(a) Plan for Assistance.-(1) In general.-Not later than 180 days after the date of enactment of thisAct, the Attorney General, in consultation with the Chair of the EqualEmployment Opportunity Commission, the Secretary of Transportation,the Chair of the Architectural and Transportation Barriers Compliance Board,and the Chairman of the Federal Communications Commission, shall develop a planto assist entities covered under this Act, and other Federal agencies, inunderstanding the responsibility of such entities and agencies under this Act.(2) Publication of plan.-The Attorney General shall publish the planreferred to in paragraph (1) for public comment in accordance with subchapterII of chapter 5 of title 5, United States Code (commonly known as theAdministrative Procedure Act).(c) Implementation.-(1) Rendering assistance.-Each Federal agency that has responsibility underparagraph (2) for implementing this Act may render technical assistanceto individuals and institutions that have rights or duties under the respectivetitle or titles for which such agency has responsibility.(2) Implementation of titles.-(A) Title i.-The Equal Employment Opportunity Commission and the AttorneyGeneral shall implement the plan for assistance developed under subsection(a), for title I.(B) Title ii.-(i) Subtitle a.-The Attorney General shall implement such plan forassistance for subtitle A of title II.(ii) Subtitle b.-The Secretary of Transportation shall implement suchplan for assistance for subtitle B of title II.(C) Title iii.-The Attorney General, in coordination with the Secretary ofTransportation and the Chair of the Architectural TransportationBarriers Compliance Board, shall implement such plan for assistance for titleIII, except for section 304, the plan for assistance for which shall beimplemented by the Secretary of Transportation.(D) Title iv.-The Chairman of the Federal Communications Commission,in coordination with the Attorney General, shall implement such plan forassistance for title IV.

(3) Technical assistance manuals.-Each Federal agency that has responsibilityunder paragraph (2) for implementing this Act shall, as part ofits implementation responsibilities, ensure the availability and provision ofappropriate technical assistance manuals to individuals or entities with rightsor duties under this Act no later than six months after applicable finalregulations are published under titles I, II, III, and IV.(d) Grants and Contracts.-(1) In general.-Each Federal agency that has responsibility under subsection(c)(2) for implementing this Act may make grants or award contractsto effectuate the purposes of this section, subject to the availability ofappropriations. Such grants and contracts may be awarded to individuals,institutions not organized for profit and no part of the net earnings of whichinures to the benefit of any private shareholder or individual (includingeducational institutions), and associations representing individuals who haverights or duties under this Act. Contracts may be awarded to entities organizedfor profit, but such entities may not be the recipients or grants described inthis paragraph.(2) Dissemination of information.-Such grants and contracts, amongother uses, may be designed to ensure wide dissemination of information aboutthe rights and duties established by this Act and to provide information andtechnical assistance about techniques for effective compliance with this Act.(e) Failure to Receive Assistance.-An employer, public accommodation, or otherentity covered under this Act shall not be excused from compliance with therequirements of this Act because of any failure to receive technical assistanceunder this section, including any failure in the development or disseminationof any technical assistance manual authorized by this section.

SEC. 507. FEDERAL WILDERNESS AREAS.(a) Study.-The National Council on Disability shall conduct a study and reporton the effect that wilderness designations and wilderness land managementpractices have on the ability of individuals with disabilities to use and enjoythe National Wilderness Preservation System as established under the WildernessAct (16 U.S.C. 1131 et seq.).(b) Submission of Report.-Not later than 1 year after the enactment of this Act the National Council on Disability shall submit the report required undersubsection (a) to Congress.(c) Specific Wilderness Access.-(1) In general.-Congress reaffirms that nothing in the Wilderness Actis to be construed as prohibiting the use of a wheelchair in a wilderness areaby an individual whose disability requires use of a wheelchair, and consistentwith the Wilderness Act no agency is required to provide any form of specialtreatment or accommodation, or to construct any facilities or modify anyconditions of lands within a wilderness area in order to facilitate such use.(2) Definition.-For purposes of paragraph (1), the term "wheelchair" means adevice designed solely for use by a mobility-impaired person for locomotion,that is suitable for use in an indoor pedestrian area.

SEC. 508. TRANSVESTITES.For the purposes of this Act, the term "disabled" or "disability" shallnot apply to an individual solely because that individual is a transvestite.

SEC. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVEBRANCH.(a) Coverage of the Senate.-(1) Commitment to Rule XLII.-The Senate reaffirms its commitment toRule XLII of the Standing Rules of the Senate which provides as follows:"No member, officer, or employee of the Senate shall, with respect toemployment by the Senate or any office thereof-"(a) fail or refuse to hire an individual;"(b) discharge an individual; or"(c) otherwise discriminate against an individual with respect topromotion, compensation, or terms, conditions, or privileges of employmenton the basis of such individual's race, color, religion, sex, national origin,age, or state of physical handicap.". (2) Application to Senateemployment.-The rights and protections provided pursuant to this Act,the Civil Rights Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of1964, the Age Discrimination in Employment Act of 1967, and the RehabilitationAct of 1973 shall apply with respect to employment by the United States Senate.(3) Investigation and adjudication of claims.-All claims raised byany individual with respect to Senate employment, pursuant to the Acts referredto in paragraph (2), shall be investigated and adjudicated by the SelectCommittee on Ethics, pursuant to S. Res. 338, 88th Congress, as amended, orsuch other entity as the Senate may designate. (4) Rights of employees.-TheCommittee on Rules and Administration shall ensure that Senate employees areinformed of their rights under the Acts referred to in paragraph (2).(5) Applicable Remedies.-When assigning remedies to individuals foundto have a valid claim under the Acts referred to in paragraph (2), the SelectCommittee on Ethics, or such other entity as the Senate may designate, shouldto the extent practicable apply the same remedies applicable to all otheremployees covered by the Acts referred to in paragraph (2). Such remediesshall apply exclusively.(6) Matters Other Than Employment.-(A) In General.-The rights and protections under this Act shall, subject tosubparagraph (B), apply with respect to the conduct of the Senate regardingmatters other than employment.(B) Remedies.-The Architect of the Capitol shall establish remediesand procedures to be utilized with respect to the rights and protectionsprovided pursuant to subparagraph (A). Such remedies and procedures shall applyexclusively, after approval in accordance with subparagraph (C). (C) Proposedremedies and procedures.-For purposes of subparagraph (B), the Architect of theCapitol shall submit proposed remedies and procedures to the Senate Committeeon Rules and Administration. The remedies and procedures shall be effectiveupon the approval of the Committee on Rules and Administration.(7) Exercise of rulemaking power.-Notwithstanding any other provisionof law, enforcement and adjudication of the rights and protections referred toin paragraph (2) and (6)(A) shall be within the exclusive jurisdiction of theUnited States Senate. The provisions of paragraph (1), (3), (4), (5), (6)(B),and (6)(C) are enacted by the Senate as an exercise of the rulemaking power ofthe Senate, with full recognition of the right of the Senate to change itsrules, in the same manner, and to the same extent, as in the case of any otherrule of the Senate.(b) Coverage of the House of Representatives.-(1) In general.-Notwithstanding any other provision of this Act orof law, the purposes of this Act shall, subject to paragraphs (2) and (3),apply in their entirety to the House of Representatives.(2) Employment in the house.-(A) Application.-The rights and protections under this Act shall,subject to subparagraph (B), apply with respect to any employee in anemployment position in the House of Representatives and any employingauthority of the House of Representatives.(B) Administration.-(i) In general.-In the administration of this paragraph, the remediesand procedures made applicable pursuant to the resolution described in clause(ii) shall apply exclusively.(ii) Resolution.-The resolution referred to in clause (i) is HouseResolution 15 of the One Hundred First Congress, as agreed to January 3, 1989,or any other provision that continues in effect the provisions of, or is asuccessor to, the Fair Employment Practices Resolution (House Resolution 558of the One Hundredth Congress, as agreed to October 4, 1988).(C) Exercise of rulemaking power.-The provisions of subparagraph (B)are enacted by the House of Representatives as an exercise of the rulemakingpower of the House of Representatives, with full recognition of the right ofthe House to change its rules, in the same manner, and to the same extent as inthe case of any other rule of the House.(3) Matters other than employment.-(A) In general.-The rights and protections under this Act shall,subject to subparagraph (B), apply with respect to the conduct of the House ofRepresentatives regarding matters other than employment.(B) Remedies.-The Architect of the Capitol shall establish remediesand procedures to be utilized with respect to the rights and protectionsprovided pursuant to subparagraph (A). Such remedies and procedures shall applyexclusively, after approval in accordance with subparagraph (C). (C)Approval.-For purposes of subparagraph (B), the Architect of theCapitol shall submit proposed remedies and procedures to the Speaker of theHouse of Representatives. The remedies and procedures shall be effective uponthe approval of the Speaker, after consultation with the House Office BuildingCommission.(c) Instrumentalities of Congress.-(1) In general.-The rights and protections under this Act shall, subject toparagraph (2), apply with respect to the conduct of each instrumentality of theCongress.(2) Establishment of remedies and procedures by instrumentalities.-The chiefofficial of each instrumentality of the Congress shall establish remedies andprocedures to be utilized with respect to the rights and protections providedpursuant to paragraph (1). Such remedies and procedures shall applyexclusively.(3) Report to congress.-The chief official of each instrumentalityof the Congress shall, after establishing remedies and procedures for purposesof paragraph (2), submit to the Congress a report describing the remedies andprocedures.(4) Definition of instrumentalities.-For purposes of this section,instrumentalities of the Congress include the following: the Architect of theCapitol, the Congressional Budget Office, the General Accounting Office, theGovernment Printing Office, the Library of Congress, the Office of TechnologyAssessment, and the United States Botanic Garden.(5) Construction.-Nothing in this section shall alter the enforcementprocedures for individuals with disabilities provided in the General AccountingOffice Personnel Act of 1980 and regulations promulgated pursuant to that Act.

SEC. 510. ILLEGAL USE OF DRUGS.(a) In General.-For purposes of this Act, the term "individual witha disability" does not include an individual who is currently engaging in theillegal use of drugs, when the covered entity acts on the basis of such use.(b) Rules of Construction.-Nothing in subsection (a) shall be construed toexclude as an individual with a disability an individual who-(1) has successfully completed a supervised drug rehabilitation program andis no longer engaging in the illegal use of drugs, or has otherwise beenrehabilitated successfully and is no longer engaging in such use; (2) isparticipating in a supervised rehabilitation program and is no longer engagingin such use; or (3) is erroneously regarded as engaging in such use, but is notengaging in such use; except that it shall not be a violation of this Act for acovered entity to adopt or administer reasonable policies or procedures,including but not limited to drug testing, designed to ensure that anindividual described in paragraph (1) or (2) is no longer engaging in theillegal use of drugs; however, nothing in this section shall be construed toencourage, prohibit, restrict, or authorize the conducting of testing for theillegal use of drugs. (c) Health and Other Services.-Notwithstanding subsection(a) and section 511(b)(3), an individual shall not be denied health services,or services provided in connection with drug rehabilitation, on the basis ofthe current illegal use of drugs if the individual is otherwise entitled tosuch services.(d) Definition of Illegal use of drugs.-(1) In general.-The term "illegal use of drugs" means the use of drugs, thepossession or distribution of which is unlawful under the ControlledSubstances Act (21 U.S.C. 812). Such term does not include the use of a drugtaken under supervision by a licensed health care professional, or other usesauthorized by the Controlled Substances Act or other provisions of Federal law.(2) Drugs.-The term "drug" means a controlled substance, as definedin schedules I through V of section 202 of the Controlled Substances Act.

SEC. 511. DEFINITIONS.(a) Homosexuality and Bisexuality.-For purposes of the definition of"disability" in section 3(2), homosexuality and bisexuality are notimpairments and as such are not disabilities under this Act. (b) CertainConditions.-Under this Act, the term "disability" shall not include-(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism,gender identity disorders not resulting from physical impairments, or othersexual behavior disorders;(2) compulsive gambling, kleptomania, or pyromania; or(3) psychoactive substance use disorders resulting from current illegal useof drugs.

SEC. 512. AMENDMENTS TO THE REHABILITATION ACT.(a) Definition of Handicapped Individual.-Section 7(8) of the RehabilitationAct of 1973 (29 U.S.C. 706(8)) is amended by redesignating subparagraph (C) assubparagraph (D), and by inserting after subparagraph (B) the followingsubparagraph: "(C)(i) For purposes of title V, the term `individual withhandicaps' does not include an individual who is currently engaging in theillegal use of drugs, when a covered entity acts on the basis of such use."(ii) Nothing in clause (i) shall be construed to exclude as an individualwith handicaps an individual who- "(I) has successfully completed a superviseddrug rehabilitation program and is no longer engaging in the illegal use ofdrugs, or has otherwise been rehabilitated successfully and is no longerengaging in such use; "(II) is participating in a supervised rehabilitationprogram and is no longer engaging in such use; or "(III) is erroneouslyregarded as engaging in such use, but is not engaging in such use;except that it shall not be a violation of this Act for a covered entity toadopt or administer reasonable policies or procedures, including but notlimited to drug testing, designed to ensure that an individual described insubclause (I) or (II) is no longer engaging in the illegal use of drugs."(iii) Notwithstanding clause (i), for purposes of programs and activitiesproviding health services and services provided under titles I, II and III, anindividual shall not be excluded from the benefits of such programs oractivities on the basis of his or her current illegal use of drugs if he or sheis otherwise entitled to such services. "(iv) For purposes of programs andactivities providing educational services, local educational agencies may takedisciplinary action pertaining to the use or possession of illegal drugs oralcohol against any handicapped student who currently is engaging in theillegal use of drugs or in the use of alcohol to the same extent that suchdisciplinary action is taken against nonhandicapped students. Furthermore, thedue process procedures at 34 CFR 104.36 shall not apply to such disciplinaryactions."(v) For purposes of sections 503 and 504 as such sections relate toemployment, the term `individual with handicaps' does not include anyindividual who is an alcoholic whose current use of alcohol prevents suchindividual from performing the duties of the job in question or whoseemployment, by reason of such current alcohol abuse, would constitute a directthreat to property or the safety of others.'.(b) Definition of Illegal Drugs.-Section 7 of the Rehabilitation Actof 1973 (29 U.S.C. 706) is amended by adding at the end the following newparagraph:"(22)(A) The term `drug' means a controlled substance, as defined inschedules I through V of section 202 of the Controlled Substances Act (21U.S.C. 812)."(B) The term "illegal use of drugs" means the use of drugs, the possessionor distribution of which is unlawful under the Controlled Substances Act. Suchterm does not include the use of a drug taken under supervision by a licensedhealth care professional, or other uses authorized by the Controlled SubstancesAct or other provisions of Federal law.".(c) Conforming Amendments.-Section 7(8)(B) of the Rehabilitation Actof 1973 (29 U.S.C. 706(8)(B)) is amended- (1) in the first sentence, bystriking "Subject to the second sentence of this subparagraph," and inserting"Subject to subparagraphs (C) and (D),"; and (2) by striking the secondsentence.

SEC. 513. ALTERNATIVE MEANS OF DISPUTE RESOLUTION.Where appropriate and to the extent authorized by law, the use of alternativemeans of dispute resolution, including settlement negotiations, conciliation,facilitation, mediation, factfinding, minitrials, and arbitration, isencouraged to resolve disputes arising under this Act.

SEC. 514. SEVERABILITY.Should any provision in this Act be found to be unconstitutional by a courtof law, such provision shall be severed from the remainder of the Act, and suchaction shall not affect the enforceability of the remaining provisions of theAct.

Speaker of the House of Representatives.Vice President of the United Statesand President of the Senate.